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HomeMy WebLinkAboutCC 2009-03-26 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com IMCORP GROTED IL E y. • Meeting Minutes Thursday, March 26, 2009 9:00 AM PLANNING & ZONING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chair Michelle Spence -Jones, Vice -Chair Angel Gonzalez, Commissioner District One Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Pedro G. Hernandez, City Manager Julie 0 Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes March 26, 2009 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS RE - RESOLUTIONS DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the 26th day ofMarch 2009, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Sanchez at 9:25 a.m. and adjourned at 12:20 p.m. Note for the Record: Commissioner Gonzalez and Commissioner Sarnoff entered the Commission chambers at 9:33 a.m. ALSO PRESENT: Pedro G. Hernandez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk Pamela E. Burns, Assistant City Clerk Chair Sanchez: So, ladies and gentlemen, could you please rise and we'll have a prayer, followed by the pledge of allegiance by the Vice Chair. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 09-00326 PRESENTATION MAYORAL VETOES The Mayor's Cup is presented to Mayor Diaz. The Championship Trophy of the Sea Vee Mercury Mayor's Cup, the second half of a two -tournament series of The Atlantico Billfish Championship, is returned to Historic Miami City Hall after a year -long stay in Pompano Beach's City Hall. The Trophy was won by a Miami entry, Wound Up, fishing January 22-25, 2009, on behalf of the City of Miami. 09-00326 Protocol.pdf PRESENTED Mayor Diaz, on behalf of the City ofMiami, was presented with the Championship Trophy of the Sea Vee Mercury Mayor's Cup, in celebration of a victory by Miami entry Wound Up, in the Atlantico Billfish Championship. Chair Sanchez: We're going to go into the Commissioners' or Mayor's presentation. It is my understanding we have only one presentation, an acceptance of the award. And at this time, I would like to recognize our distinguished Mayor, the Honorable Manny Diaz. Mr. Mayor, you're recognized for the record. Okay, we have a presentation. Presentation made. Chair Sanchez: All right, that concludes the presentation. NO MAYORAL VETOES Chair Sanchez: There are no mayoral vetoes for the record, Madam Clerk. Priscilla A. Thompson (City Clerk): That is correct. City ofMiami Page 3 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Votes: Votes: Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, to APPROVED PASSED by the following vote. Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, to APPROVED PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: And we will move on to approving the minutes of the following meetings. The supplement agenda ofJanuary 15, 209 [sic]. Need a motion. Commissioner Sarnoff So moved. Chair Sanchez: Motion by Commissioner Sarnoff. Need a second. Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. Any further discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion has been approved, Madam Clerk, 5-0. We need a motion for the Special Commission meeting on February 13, 209 [sic]. Need a motion. Commissioner Sarnoff So moved. Commissioner Gonzalez: Second. Chair Sanchez: So moved by Commissioner Sarnoff, second by Commissioner Gonzalez. No further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Special Commission meeting for February 13, 209 [sic] minutes have been approved, 5-0. Planning and Zoning meeting of February 26, 209 [sic]. We need a motion for that. Commissioner Sarnoff So moved. Chair Sanchez: Motion has been proffered by Commissioner Sarnoff second by -- Commissioner Gonzalez: Second. Chair Sanchez: -- Commissioner Gonzalez. No discussion on the item. All in favor, say "aye." City ofMiami Page 4 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. That takes care of the minutes. END OF APPROVING MINUTES City ofMiami Page 5 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Order of the Day Chair Sanchez: (INAUDIBLE) opportunity to welcome you to the March 26, 209 [sic] meeting of the City ofMiami Commission in these historic chambers. The members of the City Commission are Vice Chair Michelle Spence -Jones, Commissioner Regalado, Commissioner Gonzalez, Commissioner Sarnoff, and myself Commissioner Sanchez, acting as your Chair. Also on the dais, we have Pete Hernandez, which is our City Manager, or we have someone representing the City Manager's Office; we have our City Attorney, Julie O. Bru; and we have our City Clerk, Priscilla Thompson. The meeting will be opened by a prayer, and then we'll go to the pledge of allegiance, and then we will start the regular agenda, which has been properly advertised and it is the order of the day. Once again, the Chair sets the rules. We should have a short Commission meeting. We have a couple items that we'll take up, PZ (Planning & Zoning) items. Other than that, I just want to make it very clear before we go into the prayer that the next Commission meeting is April 2. That's next Thursday. We had moved that because of the Passover holiday falling on the 9th. That means that the next meeting agenda is already printed, and we cannot continue any items from today to the next regular meeting on the 2nd because it does not allow us enough time to properly advertise the items. Anything moved from today's agenda to the future will come back on April 23 meeting at the earliest. Is that correct, Madam Clerk? Priscilla A. Thompson (City Clerk): That is correct. Chair Sanchez: So we can keep proper procedures followed here. "[Later...]" Chair Sanchez: We're going to try to make it through the agenda because Commissioner Sarnoff has an MPO (Metropolitan Planning Organization) meeting today at the County. Those meetings are very important for the City, and we're going to fry to do our best to make sure that he gets there on time so he could represent the City's interest at the MPO. We're going to go ahead and continue the order of the day. "[Later...]" Chair Sanchez: We will now begin the regular Commission meeting. The City Clerk -- I mean, the City Attorney will state the procedures to be followed during this meeting. Julie O. Bru (City Attorney): Good morning, Mr. Chairman. Thank you, members of the Commission, Mr. Manager, and Madam City Clerk. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. You'll know that the material for each item on the agenda is available during business hours at the City Clerk's Office and online at www.miamigov.com. Formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto certain items within 10 calendar days of the Commission action, and the Commission may override the veto by a four fifth vote. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. No cell phones or other noise -making devices are permitted in the chambers. Please silence those devices now. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the item being considered at noon, and the meeting will end either at the conclusion of deliberations of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda; whichever occurs first. There is also a PZ agenda, a Planning and Zoning agenda at this meeting. There'll be City ofMiami Page 6 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 rules for that meeting, which will be read to you at the time that that meeting begins. Those items will not begin until after 10 o'clock in the morning. Chair Sanchez: Okay. Just for your information, PZ items will begin after 10 o'clock. City ofMiami Page 7 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 CONSENT AGENDA CA.1 09-00247 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID RECEIVED JANUARY 6, 2009, PURSUANT TO INVITATION FOR BIDS NO. 08-09-005, FROM ENVIROWASTE SERVICES GROUP, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "DISTRICT 1-SIDEWALK REPAIR, PROJECT I, B-30377A," FOR A PERIOD OF UP TO ONE (1) YEAR, IN AN ANNUAL AMOUNT NOT TO EXCEED $97,030.10, TOTAL BID, AS STATED ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS PROJECT FACT SHEET, ATTACHED AND INCORPORATED, WITH FOUR (4) OPTIONS TO RENEW, FOR A TERM OF UP TO ONE (1) YEAR EACH, IN AN ANNUAL AMOUNT NOT TO EXCEED $97,030.10; ALLOCATING SAID FUNDS, FROM CAPITAL IMPROVEMENT ACCOUNT NO. 341330; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT; FURTHER AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID OPTIONS TO RENEW, SUBJECT TO THE AVAILABILITY OF FUNDING AND THE CONTRACTOR'S PERFORMANCE. 09-00247 Legislation.pdf 09-00247 Exhibit.pdf 09-00247 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0133 CA.2 09-00248 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID RECEIVED JANUARY 6, 2009, PURSUANT TO INVITATION FOR BIDS NO. 08-09-006, FROM MAGGOLC, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "DISTRICT 1 - SIDEWALK REPAIR, PROJECT II, B-30377A," FOR A PERIOD OF UP TO ONE (1) YEAR, IN AN ANNUAL AMOUNT NOT TO EXCEED $95,990, TOTAL BID, AS STATED ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS PROJECT FACT SHEET, ATTACHED AND INCORPORATED, WITH FOUR (4) OPTIONS TO RENEW, FOR A TERM OF UP TO ONE (1) YEAR EACH, IN AN ANNUAL AMOUNT NOT TO EXCEED $95,990; ALLOCATING SAID FUNDS, FROM CAPITAL IMPROVEMENT ACCOUNT NO. 341330; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT; FURTHER AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID OPTIONS TO RENEW, SUBJECT TO THE AVAILABILITY OF FUNDING AND THE CONTRACTOR'S PERFORMANCE. City ofMiami Page 8 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 09-00248 Legislation.pdf 09-00248 Exhibit.pdf 09-00248 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0134 CA.3 09-00249 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID RECEIVED JANUARY 13, 2009, PURSUANT TO INVITATION FOR BIDS NO. 08-09-007, FROM ENVIROWASTE SERVICES GROUP, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "DISTRICT 2 - SIDEWALK REPAIR, PROJECT I, B-30377B," FOR A PERIOD OF UP TO ONE (1) YEAR, IN AN ANNUAL AMOUNT NOT TO EXCEED $58,102, TOTAL BID, AS STATED ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS PROJECT FACT SHEET, ATTACHED AND INCORPORATED, WITH FOUR (4) OPTIONS TO RENEW, FOR A TERM OF UP TO ONE (1) YEAR EACH, IN AN ANNUAL AMOUNT NOT TO EXCEED $58,102; ALLOCATING SAID FUNDS, FROM CAPITAL IMPROVEMENT ACCOUNT NO. 341330; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT; FURTHER AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID OPTIONS TO RENEW, SUBJECT TO THE AVAILABILITY OF FUNDING AND THE CONTRACTOR'S PERFORMANCE. 09-00249 Legislation.pdf 09-00249 Exhibit .pdf 09-00249 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0135 CA.4 09-00250 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID RECEIVED JANUARY 13, 2009, PURSUANT TO INVITATION FOR BIDS NO. 08-09-008, FROM MAGGOLC, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "DISTRICT 2 - SIDEWALK REPAIR, PROJECT II, B-30377B," FOR A PERIOD OF UP TO ONE (1) YEAR, IN AN ANNUAL AMOUNT NOT TO EXCEED $75,330, TOTAL BID, AS STATED ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS PROJECT FACT SHEET, ATTACHED AND INCORPORATED, WITH FOUR (4) OPTIONS TO RENEW, FOR A TERM OF UP TO ONE (1) YEAR EACH, IN AN ANNUAL AMOUNT NOT TO EXCEED $75,330; ALLOCATING SAID FUNDS, FROM CAPITAL IMPROVEMENT ACCOUNT NO. 341330; City ofMiami Page 9 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT; FURTHER AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID OPTIONS TO RENEW, SUBJECT TO THE AVAILABILITY OF FUNDING AND THE CONTRACTOR'S PERFORMANCE. 09-00250 Legislation.pdf 09-00250 Exhibit.pdf 09-00250 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0136 CA.5 09-00251 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID RECEIVED JANUARY 20, 2009, PURSUANT TO INVITATION FOR BIDS NO. 08-09-009, FROM ENVIROWASTE SERVICES GROUP, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "DISTRICT 3 - SIDEWALK REPAIR, PROJECT I, B-30377C," FOR A PERIOD OF UP TO ONE (1) YEAR, IN AN ANNUAL AMOUNT NOT TO EXCEED $93,950.10, TOTAL BID, AS STATED ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS PROJECT FACT SHEET, ATTACHED AND INCORPORATED, WITH FOUR (4) OPTIONS TO RENEW, FOR A TERM OF UP TO ONE (1) YEAR EACH, IN AN ANNUAL AMOUNT NOT TO EXCEED $93,950.10; ALLOCATING SAID FUNDS, FROM CAPITAL IMPROVEMENT ACCOUNT NO. 341330; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT; FURTHER AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID OPTIONS TO RENEW, SUBJECT TO THE AVAILABILITY OF FUNDING AND THE CONTRACTOR'S PERFORMANCE. 09-00251 Legislation.pdf 09-00251 Exhibit.pdf 09-00251 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0137 CA.6 09-00252 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID RECEIVED JANUARY 20, 2009, PURSUANT TO INVITATION FOR BIDS NO. 08-09-010, FROM ENVIROWASTE SERVICES GROUP, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "DISTRICT 3 - SIDEWALK REPAIR, PROJECT II, B-30377C," FOR A PERIOD OF UP TO ONE (1) YEAR, IN AN ANNUAL AMOUNT NOT TO EXCEED $88,310.10, City ofMiami Page 10 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 TOTAL BID, AS STATED ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS PROJECT FACT SHEET, ATTACHED AND INCORPORATED, WITH FOUR (4) OPTIONS TO RENEW, FOR A TERM OF UP TO ONE (1) YEAR EACH, IN AN ANNUAL AMOUNT NOT TO EXCEED $88,310.10; ALLOCATING SAID FUNDS, FROM CAPITAL IMPROVEMENT ACCOUNT NO. 341330; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT; FURTHER AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID OPTIONS TO RENEW, SUBJECT TO THE AVAILABILITY OF FUNDING AND THE CONTRACTOR'S PERFORMANCE. 09-00252 Legislation.pdf 09-00252 Exhibit.pdf 09-00252 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0138 CA.7 09-00253 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID RECEIVED JANUARY 27, 2009, PURSUANT TO INVITATION FOR BIDS NO. 08-09-011, FROM RICK DEVELOPER, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "DISTRICT 4 - SIDEWALK REPAIR, PROJECT I, B-30377D," FOR A PERIOD OF UP TO ONE (1) YEAR, IN AN ANNUAL AMOUNT NOT TO EXCEED $89,670, TOTAL BID, AS STATED ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS PROJECT FACT SHEET, ATTACHED AND INCORPORATED, WITH FOUR (4) OPTIONS TO RENEW, FOR A TERM OF UP TO ONE (1) YEAR EACH, IN AN ANNUAL AMOUNT NOT TO EXCEED $89,670; ALLOCATING SAID FUNDS, FROM CAPITAL IMPROVEMENT ACCOUNT NO. 341330; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT; FURTHER AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID OPTIONS TO RENEW, SUBJECT TO THE AVAILABILITY OF FUNDING AND THE CONTRACTOR'S PERFORMANCE. 09-00253 Legislation.pdf 09-00253 Exhibit.pdf 09-00253 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0139 CA.8 09-00254 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID RECEIVED JANUARY 27, 2009, City ofMiami Page 11 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 PURSUANT TO INVITATION FOR BIDS NO. 08-09-012, FROM RICK DEVELOPER, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "DISTRICT 4 - SIDEWALK REPAIR, PROJECT II, B-30377D," FOR A PERIOD OF UP TO ONE (1) YEAR, IN AN ANNUAL AMOUNT NOT TO EXCEED $87,660, TOTAL BID, AS STATED ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS PROJECT FACT SHEET, ATTACHED AND INCORPORATED, WITH FOUR (4) OPTIONS TO RENEW, FOR A TERM OF UP TO ONE (1) YEAR EACH, IN AN ANNUAL AMOUNT NOT TO EXCEED $87,660; ALLOCATING SAID FUNDS, FROM CAPITAL IMPROVEMENT ACCOUNT NO. 341330; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT; FURTHER AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID OPTIONS TO RENEW, SUBJECT TO THE AVAILABILITY OF FUNDING AND THE CONTRACTOR'S PERFORMANCE. 09-00254 Legislation.pdf 09-00254 Exhibit.pdf 09-00254 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0140 CA.9 09-00255 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED FEBRUARY 4, 2009, PURSUANT TO INVITATION FOR BIDS NO. 110051,2, FROM JAM ENVIRONMENTAL & VACUUM SERVICES, LLC, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROCUREMENT OF WASTE OIL, ANTIFREEZE, NON -HAZARDOUS PETROLEUM IMPACTED PRODUCTS, COLLECTION, DISPOSAL AND RECYCLING, ON A CITYWIDE, AS NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-00255 Legislation.pdf 09-00255 Summary Form.pdf 09-00255 Award Recommendation and Approval Form.pdf 09-00255 Tabulation of Bid.pdf 09-00255 Jam Environmental & Vacuum Services, LLC 1.pdf 09-00255 Jam Environmental & Vacuum Services, LLC 2.pdf 09-00255 Invitation for Bid 1.pdf 09-00255 Addendum No. 2.pdf 09-00255 Invitation for Bid 2.pdf 09-00255 Pre - Bid Conference.pdf 09-00255 Invitation for Bid Waste Oil.pdf This Matter was ADOPTED on the Consent Agenda. City ofMiami Page 12 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0141 CA.10 09-00256 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Police ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $167,669.48, FOR A ONE-YEAR PERIOD, TO THE MIAMI-DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE, COUNTY COURT OVERTIME REDUCTION STANDBY PROGRAM; ALLOCATING FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT NO. 00001.191501.534000.0000.00000. 09-00256 Legislation.pdf 09-00256 Summary Form.pdf 09-00256 Letter.pdf 09-00256 Letter 2.pdf 09-00256 Allocation & Invoice Amounts.pdf 09-00256-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0142 CA.11 09-00261 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN SUBSTANTIALLY THE ATTACHED FORM, IN AN AMOUNT NOT TO EXCEED $60,000, FOR THE KNIGHT CENTER SEAWALL REPLACEMENT - PHASE I PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $30,000; ALLOCATING SAID MATCHING FUNDS FROM PUBLIC FACILITIES SPECIAL REVENUE FUND, ACCOUNT NUMBER 10100.221070.534000; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS FOR THE SUBMISSION OF SAID GRANT APPLICATION FOR FISCAL YEAR 2009-2010. 09-00261 Legislation.pdf 09-00261 Exhibit 1.pdf 09-00261 Exhibit 2.pdf 09-00261 Exhibit 3.pdf 09-00261 Exhibit 4.pdf 09-00261 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 13 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 R-09-0143 CA.12 09-00262 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN SUBSTANTIALLY THE ATTACHED FORM, IN AN AMOUNT NOT TO EXCEED $35,000, FOR THE MARINE STADIUM MARINA SEAWALL REPLACEMENT PROJECT -PHASE I ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $17,500, FROM CAPITAL IMPROVEMENT PROJECT B NO. 30595, ENTITLED "MARINE STADIUM MARINA SEAWALL REPLACEMENT PROJECT -PHASE I;" AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS FOR THE SUBMISSION OF SAID GRANT APPLICATION FOR FISCAL YEAR 2009-2010. 09-00262 Legislation.pdf 09-00262 Exhibit 1.pdf 09-00262 Exhibit 2.pdf 09-00262 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0144 CA.13 09-00265 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN SUBSTANTIALLY THE ATTACHED FORM, IN AN AMOUNT NOT TO EXCEED $80,000, FOR THE KENNEDY PARK SHORELINE STABILIZATION -PHASE I PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $40,000; ALLOCATING SAID MATCHING FUNDS FROM THE PARKS SPECIAL REVENUE FUND B-30541; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS FOR THE SUBMISSION OF SAID GRANT APPLICATION FOR FISCAL YEAR 2009-2010. 09-00265-Legislation-SUB.pdf 09-00265-Exhibit-SUB. pdf 09-00265-Summary Form-SUB.pdf 09-00265 Budget Estimated Detail.pdf City ofMiami Page 14 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0152 Chair Sanchez: So we will be taking up CA.13, which was pulled by the Administration. Mr. City Manager, you're recognized for the record to -- Pedro G. Hernandez (City Manager): Thank you, Mr. Chair. We'll enter the correction now. Dorcas Perez (Community Partnerships Manager): Good morning. Dorcas Perez, Office of GrantsAdministration. CA.13, we're actually -- Priscilla A. Thompson (City Clerk): I'm sorry. Chair. Chair Sanchez: Yes. Ms. Thompson: The mike, please. Chair Sanchez: I am so sorry. It is on. It's on. Commissioner Sarnoff Pull it up towards you. Chair Sanchez: Pull it up towards you. Ms. Perez: I apologize. Dorcas Perez, Office of Grants Administration. We are actually reducing the amount that we are requesting and the match amount to $40, 000 for the request to FIND (Florida Inland Navigation District) and $40, 000 match, for a total project cost of $80, 000. Chair Sanchez: All right. Ms. Perez: That is the only change. Chair Sanchez: That is the substitution to Consent Agenda 13. Would that be all, Mr. City Manager? Mr. Hernandez: Right. The issue was that we had the total amount for the project, including the construction; and this application is only for the design permitting engineering. Ms. Perez: Yes. This will be for Phase one. Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: Move it. Commissioner Sarnoff Second. Chair Sanchez: Motion has been made by Commissioner Gonzalez, second by Commissioner Sarnoff. Any discussion on Consent Agenda 13 with a slight modification? Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. And City ofMiami Page 15 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 that takes care of the consent agenda items on the agenda. CA.14 09-00266 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $150,000, FOR THE CONSTRUCTION OF A NEW KENNEDY PARK FLOATING DOCK, DESIGN, PERMITTING AND DEMOLITION OF EXISTING DOCK ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $75,000, FROM CAPITAL IMPROVEMENT PROJECT B-30541; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS FOR THE SUBMISSION OF SAID GRANT APPLICATION FOR FISCAL YEAR 2008-2009. 09-00266 Legislation.pdf 09-00266 Exhibit 1.pdf 09-00266 Exhibit 2.pdf 09-00266 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0145 CA.15 09-00268 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $350,000, FOR THE COCONUT GROVE BAYWALK GENERAL DEVELOPMENT REPORT AND PUBLIC PIER DESIGN AND PERMITTING ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $175,000, FROM CAPITAL IMPROVEMENT PROJECT B-30182A, ENTITLED "COCONUT GROVE WATERFRONT MASTER PLAN IMPLEMENTATION;" AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS FOR SUBMISSION OF SAID GRANT APPLICATION FOR FISCAL YEAR 2008-2009. 09-00268 Legislation.pdf 09-00268 Exhibit.pdf 09-00268 Exhibit 2.pdf 09-00268 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 16 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 CA.16 09-00275 District 4- Commissioner Tomas Regalado R-09-0146 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $100, TO CO-SPONSOR THE CHURCH WORLD'S SERVICES' "FESTIVAL OF NATIONS" EVENT ON THURSDAY, MAY 14, 2009; ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS BUDGET, ACCOUNT NO. 00001.980000.882000.0000.0000. 09-00275 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones CA.17 09-00299 District 4- Commissioner Tomas Regalado R-09-0147 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $1,000, TO THE PRESIDIO POLITICO HISTORICO CUBANO, INC., FOR THEIR INAUGURAL CONGRESS EVENT; ALLOCATING FUNDS, IN THE AMOUNT OF $1,000, FROM THE DISTRICT 4 SPECIAL EVENTS BUDGET, ACCOUNT NO. 00001.980000.882000.0000.0000. 09-00299 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones CA.18 09-00145 Department of Fire -Rescue R-09-0148 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER'S EXECUTION OF MODIFICATION NUMBER ONE TO THE SUBGRANT AGREEMENT ("AGREEMENT") BETWEEN THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT AND THE CITY OF MIAMI, IN SUBSTANTIALLY THE ATTACHED FORM, PURSUANT TO RESOLUTION NO. 08-0626, ADOPTED NOVEMBER 13, 2008, FOR THE HAZARD MITIGATION GRANT PROGRAM-FEMA PROJECT 1602-04-R, CITY OF MIAMI, COUNTY, NORTH DISTRICT POLICE STATION, WIND RETROFIT, TO EXTEND THE AGREEMENT TO MARCH 31, 2009 AND TO CORRECT AN ERROR IN SAID AGREEMENT RELATING TO THE AMOUNT OF FEDERAL GRANT FUNDS RECEIVED PURSUANT TO SAID RESOLUTION; CORRECTING THE AMOUNT FROM AN AMOUNT NOT TO EXCEED $12,393 TO AN AMOUNT NOT TO EXCEED $9,543, THEREBY CLARIFYING THAT THE TOTAL AMOUNT OF FUNDS ACCEPTED IS $57,679. City ofMiami Page 17 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 09-00145 Legislation.pdf 09-00145 Exhibit 1.pdf 09-00145 Exhibit 2.pdf 09-00145 Summary Form.pdf 09-00145 Master Report 1.pdf 09-00145 Pre Legislation.pdf 09-00145 Pre Summary Form.pdf 09-00145 Federally Funded Subgrant Agreement.pdf 09-00145 Master Report 2.pdf 09-00145 Assurances .pdf 09-00145 Attachment A.pdf 09-00145 Appropriations.pdf 09-00145 Exhibit 1.pdf 09-00145 Pre Summary 2.pdf 09-00145 Pre Legislation 2.pdf 09-00145 E- Mail.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0149 CA.19 09-00146 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), AUTHORIZING CITY MANAGER TO EXECUTE MODIFICATION NUMBER ONE TO THE SUBGRANT AGREEMENT ("AGREEMENT") BETWEEN THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT AND THE CITY OF MIAMI, IN SUBSTANTIALLY THE ATTACHED FORM, PURSUANT TO RESOLUTION NO. 07-0397, ADOPTED JULY 10, 2007, FOR THE HAZARD MITIGATION GRANT PROGRAM-FEMA PROJECT 1602-02-R, CITY OF MIAMI, DADE COUNTY, SOUTH DISTRICT POLICE STATION, WIND RETROFIT; EXTENDING THE AGREEMENT FROM DECEMBER 30, 2008 TO DECEMBER 31, 2009; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER RELATED AMENDMENTS OR EXTENSIONS ON ALL MATTERS EXCEPT THOSE DEALING WITH FUNDING CHANGES. 09-00146 Legislation.pdf 09-00146 Exhibit 1.pdf 09-00146 Exhibit 2.pdf 09-00146 Summary Form.pdf 09-00146 Master Report.pdf 09-00146 Pre Legislation.pdf 09-00146 Subgrant Agreement. pdf 09-00146 Pre Summary Form.pdf 09-00146 Letter.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0150 City ofMiami Page 18 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 CA.20 09-00310 RESOLUTION Department of NET A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "2008-2009 MIAMI-DADE COUNTY OFFICE OF GRANTS COORDINATION SOCIAL SERVICES CONTRACT," CONSISTING OF A GRANT FROM THE MIAMI-DADE COUNTY OFFICE OF GRANT COORDINATION, IN AN AMOUNT NOT TO EXCEED $34,000,TO PROVIDE OUTREACH, INFORMATION, REFERRAL, ASSESSMENT, AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS WITHIN THE CITY OF MIAMI THROUGH THE FUNDING OF ONE FULL-TIME POSITION (COMMUNITY OUTREACH SPECIALIST II) AND TWENTY THREE PERCENT (23%) OF ANOTHER POSITION (COMMUNITY OUTREACH SPECIALIST I); AUTHORIZING THE CITY MANAGER TO EXECUTE THE SOCIAL SERVICES CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER DOCUMENTS NECESSARY IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT. 09-00310 Legislation.pdf 09-00310 Exhibit 1.pdf 09-00310 Exhibit 2.pdf 09-00310 Exhibit 3.pdf 09-00310 Exhibit 4.pdf 09-00310 Exhibit 5.pdf 09-00310 Exhibit 6.pdf 09-00310 Exhibit 7.pdf 09-00310 Exhibit 8.pdf 09-00310 Summary Form.pdf 09-00310 Letter.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0151 Adopted the Consent Agenda Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA Chair Sanchez: Before we go to the consent agenda at this time, the Administration will announce any items that they wish to either withdraw, defer, or substitute. Mr. City Manager, you're -- Pedro G. Hernandez (City Manager): Mr. Chairman -- Chair Sanchez: -- recognized for the record. Mr. Hernandez: -- Commissioners, good morning. The only item that I have to pull is actually a consent item, so I'll wait till you take that action. City ofMiami Page 19 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Chair Sanchez: All right, let's go. Consent items. Mr. Hernandez: It's CA.13, and the only reason I'm asking to have it pulled is so we can make a correction on the record. Chair Sanchez: All right, so CA.13. Mr. Hernandez: 13. Chair Sanchez: CA.13 has been requested to be pulled for a slight amendment or modification to the consent agenda. Any other items on the consent agenda that any of the Commissioners wish to pull for discussion? If not, need a motion to approve. Commissioner Sarnoff So moved. Commissioner Gonzalez: Move the balance of the consent agenda. Chair Sanchez: There's a motion by Commissioner Gonzalez to approve the balance of the consent agenda, the second's been proffered by Commissioner Sarnoff. Any further discussion on the consent agenda? If not, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. For the record, the consent agenda has been approved. The only item that was pulled was CA.13, which will be discussed now. City ofMiami Page 20 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 PUBLIC HEARINGS PH.1 09-00257 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "BAY POINT FRONT", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 09-00257 Legislation.pdf 09-00257 Exhibit 1.pdf 09-00257 Exhibit 2.pdf 09-00257 Exhibit 3.pdf 09-00257 Exhibit 4.pdf 09-00257 Exhibit 5.pdf 09-00257 Summary Form.pdf 09-00257 Memo 1.pdf 09-00257 Notice of Public Hearing 1.pdf 09-00257 Memo 2.pdf 09-00257 Notice of Public Hearing 2.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0154 Chair Sanchez: All right. RE.1. No, PH.1. Sorry. PH.1. Stephanie Grindell: Stephanie Grindell, director of Public Works. Chair Sanchez: All right. PH.1, it's accepting a plat entitled Bay Point Front, brought to us by the Department of Public Works. Recognized for the record. Ms. Grindell: PH.1 is a resolution accepting the plat of Bay Point Front, which is located on Sabal Palm Road opposite Myrica Lane in Bay Point community. Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: Motion. Commissioner Sarnoff Second. Chair Sanchez: Motion has been made by Commissioner Gonzalez, second by Commissioner Sarnoff. It is a public hearing. Before we open it up for discussion, is there anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the City ofMiami Page 21 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 PH.2 09-00279 Department of Parks and Recreation public hearing is closed, coming back to the Commission. Any discussion on PH.1 ? It is a resolution. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Madam Clerk, PH.1, a resolution, has been approved, 5-0. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATIONS AND FINDINGS THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86(A) (3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION THAT AMIGOS TOGETHER FOR KIDS, INC. A/K/A AMIGOS FOR KIDS, A FLORIDA NOT -FOR -PROFIT CORPORATION, IS THE MOST QUALIFIED FIRM TO PROVIDE LITERACY INSTRUCTION, TEACHER SUPERVISION, COMPUTER TECHNOLOGY ACTIVITIES, FAMILY DAY, AND OTHER SUCH ACTIVITIES IN CONJUNCTION WITH EDUCATIONAL AND PARK SERVICES AT JOSE MARTI PARK; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH AMIGOS TOGETHER FOR KIDS, INC. A/K/A AMIGOS FOR KIDS, FOR A PERIOD COMMENCING AUGUST 1, 2008 THROUGH JUNE 5, 2009, IN AN AMOUNT NOT TO EXCEED NINETY THOUSAND DOLLARS ($90,000), WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL SIMILAR PERIODS FOR THE SAME NOT TO EXCEED AMOUNT; FROM ACCOUNT 11550.295999.531000.0.0, WITH THE FUTURE FISCAL YEARS' FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL. 09-00279 Legislation.pdf 09-00279 Exhibit 1.pdf 09-00279 Exhibit 2.pdf 09-00279 Exhibit 3.pdf 09-00279 Exhibit 4.pdf 09-00279 Exhibit 5.pdf 09-00279 Exhibit 6.pdf 09-00279 Exhibit 7.pdf 09-00279 Summary Form.pdf 09-00279 Memo 1.pdf 09-00279 Memo 2.pdf 09-00279 Notice of Public Hearing.pdf 09-00279 Florida Non Profit Corporation.pdf 09-00279 Amigos Together for kids, Inc..pdf 09-00279 Competitive Negotiations.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 22 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0155 Chair Sanchez: We go to PH.2, it's also a resolution. This requires a four fifth vote. It comes to us by the Department of Parks and Recreation. Ernest Burkeen (Director, Parks & Recreation): Ernest Burkeen -- Chair Sanchez: Mr. Director, you're recognized for the record. Mr. Burkeen: -- director of Parks and Recreation. PH.2 is a resolution authorizing an agreement with Amigos for Kids for services associated with the Out -of -School, Heart of Our Parks program. Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: Motion. Commissioner Regalado: Move it. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by Commissioner Regalado. It's a public hearing. It is a resolution. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed, coming back to the Commission. Discussion on the item. Hearing no discussion on this item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. For the record, PH.2 was approved, 5-0. PH.3 09-00147 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, TO FLORIDA POWER & LIGHT COMPANY, A FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN APPROXIMATELY TEN (10) FOOT WIDE STRIP OF CITY -OWNED PROPERTY LOCATED AT 1550 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, (ALSO KNOWN AS MELREESE CLUB HOUSE), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF OVERHEAD AND UNDERGROUND ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT. City ofMiami Page 23 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 09-00147 Legislation.pdf 09-00147 Exhibit 1.pdf 09-00147 Exhibit 2.pdf 09-00147 Summary Form.pdf 09-00147 Notice Public Hearing .pdf 09-00147 Memo.pdf 09-00147 Pre Memo.pdf 09-00147 Pre Notice of Public Hearing.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0156 Chair Sanchez: PH 3. It's also a resolution. This was an item that was in front of us a couple of months ago and there was a -- I believe, an error in the location. That has been taken care of and it is back in front of this Commission. Need a motion. Commissioner Sarnoff So moved. Vice Chair Spence -Jones: So moved. Chair Sanchez: Motion by the Vice Chair, second by Commissioner Sarnoff. Before we open it up for discussion, is there anyone from the public wishing to address this item, please step forward and be recognized. The public hearing is closed -- open at this time. Seeing no one, the public hearing is closed, coming back to the Commission. Could we have somebody from the Department of Public Facilities put something on the record? Madeline Valdes (Acting Director): Good morning. Madeline Valdes, Department of Public Facilities. PH 3 is a resolution authorizing the City Manager to execute the grant of easement with FP&L (Florida Power & Light) for a 10 footperpetual, non-exclusive easement for the property located at 1550 Northwest 37th Avenue. This easement will be utilized for the Melreese Club House FP&L line. Are there any questions? Commissioner Gonzalez: Motion. Vice Chair Spence -Jones: Second. Chair Sanchez: All right. There was a motion and a second. Any discussion on the item? Hearing no discussion on the item, it is a resolution. We are on PH3. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." PH.3 has been approved, 5-0. Ms. Valdes: Thank you. Chair Sanchez: Thank you. END OF PUBLIC HEARINGS City ofMiami Page 24 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 RESOLUTIONS RE.1 09-00258 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE FIRST RENEWAL AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI AND THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA , IN SUBSTANTIALLY THE ATTACHED FORM, PURSUANT TO RESOLUTION NO. 05-0658, ADOPTED NOVEMBER 17, 2005, TO INCLUDE ADDITIONAL MEDICAL DIRECTION DUTIES AND RESPONSIBILITIES, IN AN AMOUNT NOT TO EXCEED $16,416, FOR THE FIRST YEAR, 2008-2009, AND A COST INCREASE EQUAL TO THE CONSUMER PRICE INDEX, BUT NO MORE THAN FIVE PERCENT (5%) FOR THE SECOND, YEAR 2009-2010, THEREBY INCREASING THE AMOUNT OF THE COMPENSATION AGREEMENT FROM $226,192 TO $242,608; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.184010.531000.0.0. 09-00258 Legislation.pdf 09-00258 Exhibit.pdf 09-00258 Summary Form.pdf 09-00258 Notice of Contract Extension.pdf 09-00258 Memo 1.pdf 09-00258 Contract Award.pdf 09-00258 Contract Award First Renewal.pdf 09-00258 Memo 2.pdf 09-00258 Contract Extension Form.pdf 09-00258 Signature Page.pdf 09-00258 Text File Report.pdf 09-00258 Pre Summary Form.pdf 09-00258 Master Report.pdf 09-00258 Pre Legislation.pdf 09-00258 Letter.pdf 09-00258 Memo 3.pdf 09-00258 Letter 2.pdf 09-00258 Application For Approval EMS. pdf 09-00258 Reuqest Form .pdf 09-00258 Certificate of Insurance.pdf 09-00258 Cost Fee Proposal.pdf 09-00258 Memo 4.pdf 09-00258 Agreement.pdf 09-00258 Statues .pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0157 Chair Sanchez: We move on to RE.1. RE.1 is a resolution that comes to us from the Department of Fire and Rescue. RE.1. City ofMiami Page 25 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Deputy Fire ChiefMaurice Kemp (City ofMiami): Maurice Kemp, deputy fire chief. RE.1 is a resolution authorizing the City Manager to execute an amendment to the first renewal agreement between the City ofMiami and the Public Health Trust to include additional medical direction duties and responsibilities. Chair Sanchez: All right. Need a motion. Commissioner Gonzalez: Move it. Commissioner Regalado: Second. Chair Sanchez: Motion by Commissioner Gonzalez, second by Commissioner Regalado. It is a resolution. It does not require a public hearing. Let me just make sure of that. Yeah, it is a resolution. Madam Clerk, it does not require a public hearing, correct? Priscilla A. Thompson (City Clerk): Correct. Chair Sanchez: All right. Any discussion on the item? If not, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.1, which was a resolution, was approved, 5-0. RE.2 09-00267 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM, IN AN AMOUNT NOT TO EXCEED $1,180,486, FOR THE BICENTENNIAL PARK MOORING BOLLARDS CONSTRUCTION ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $590,243, FROM CAPITAL IMPROVEMENT PROJECTS B-30605, ENTITLED "BICENTENNIAL PARK BOLLARDS"; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS, FOR SUBMISSION OF SAID GRANT APPLICATION FOR FISCAL YEAR 2008-2009. 09-00267 Legislation.pdf 09-00267 Exhibit 1.pdf 09-00267 Exhibit 2.pdf 09-00267 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0153 Chair Sanchez: RE.2. RE.2 comes to us from the Office of Grant [sic] Administration. Robert Ruano: Robert Ruano, director of Grants and Sustainable Initiatives. RE.2 is City ofMiami Page 26 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 authorization to apply for a grant to the Florida Inland Navigational District for the construction of bollards at Bicentennial Park. Chair Sanchez: Could you go through the funding as to the City's contribution -- Mr. Ruano: Sure. Chair Sanchez: -- the grants? And I know that the DDA (Downtown Development Authority) and Bayfront Park are also putting money on this. Mr. Ruano: I apologize. It was from different places. Robert Weinreb (Project Manager): Good morning. Bob Weinreb, City Manager's office. The Bayfront Park Management Trust has authorized 150,000 towards the bollards. The DDA has authorized 150,000 towards the bollards, and I believe District 2 has authorized 100, 000 from quality of life to the bollard project, as well as 50 percent of the project's total cost from Florida Inland Navigation District. Chair Sanchez: All right. And it's not to exceed 590.243? Okay. Any further discussion on the item? Just wanted to get a point of clarification as to the funding source for the project. No further discussion on the item. Did we get a motion and a second? Commissioner Sarnoff So moved. Chair Sanchez: Motion by Commissioner Sarnoff -- Commissioner Regalado: Second. Chair Sanchez: -- second by Commissioner Regalado. The item is open for discussion. It is a resolution not requiring a public hearing, so at this time, any further discussion coming from the Commissioner? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Madam Clerk, RE.2, which is a resolution, was approved, 5-0. RE.3 09-00278 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF YUDENIA GALLARDO, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $66,750, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI AND ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.515000.0000.00000. 09-00278 Resolution.pdf 09-00278 Cover Memo.pdf 09-00278 Budget Memo.pdf City ofMiami Page 27 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones RE.4 09-00313 Department of Capital Improvements Program Votes: R-09-0158 Chair Sanchez: RE.3, Office of City Attorney. Julie O. Bru (City Attorney): Thank you, Mr. Chairman. This is a resolution seeking authorization to settle the matter of Yudenia Gallardo versus the City of Miami. This is a workers compensation claim, and the proposed settlement amount is $66, 750. Commissioner Sarnoff So moved. Vice Chair Spence -Jones: Second. Chair Sanchez: All right, it is a settlement and it is a resolution. There's been a motion by Commissioner Sarnoff, second by the Vice Chair. Any further discussion on the item? Hearing no further discussion on the settlement, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. The item has been approved, 5-0. That was RE.3. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDS CONSISTING OF FEDERAL GRANTS AWARDED AS PART OF THE FEDERAL STIMULUS PACKAGE FOR TRANSPORTATION PROJECTS, CONSISTING OF $1,028,428, FOR THE PUBLIC WORKS CITYWIDE ADA SIDEWALK IMPROVEMENTS PROJECT, $1,713,201, FOR THE CAPITAL IMPROVEMENTS BRICKELL KEY BRIDGE PROJECT, B-30634, $6,470,966, FOR THE CAPITAL IMPROVEMENTS NORTHEAST 2ND AVENUE IMPROVEMENTS PROJECT, B-78508, AND $1,483,900, FOR THE MIAMI RIVER GREENWAY SOUTHWEST 1ST COURT TO SOUTH MIAMI AVENUE PROJECT, B-30130,WITH PROJECTS AND AMOUNTS SUBJECT TO CHANGE; ALLOCATING SAID AWARD FUNDS BY SEPARATE RESOLUTION(S); AUTHORIZING THE CITY MANAGER TO EXECUTE THE LOCAL AGENCY PARTICIPATION AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE(S); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER DOCUMENTS NECESSARY TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARDS. 09-00313 Legislation.pdf 09-00313 Exhibit.pdf 09-00313 Summary Form.pdf 09-00313-Submittal-Letter-Miami River Commission.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 28 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 R-09-0159 Chair Sanchez: We move on to RE.4. Ola Aluko: Ola Aluko, director of Capital Improvements, City ofMiami. This resolution is to accept funds and authorizing the City Manager to execute all necessary local agency program [sic] agreements, which we call LAP (Local Agency Participation), with the Florida Department of Transportation for various federal stimulus projects. The projects we present before you today are the citywide ADA (Americans with Disabilities Act) Sidewalk Improvements, Brickell Key Bridge, Northeast 2nd Avenue, and Miami [sic] Greenway segments Southwest Court through South Miami. The total amount, $10,696,495. Chair Sanchez: All right. RE.4, need a motion and a second before we open up for discussion. Vice Chair Spence -Jones: So moved. Question. Chair Sanchez: Motion has been made by the Vice Chair. Need a second for the purpose of discussion. Commissioner Sarnoff Second. Chair Sanchez: Second by Commissioner Sarnoff. The item is under discussion. Vice Chair, you're recognized for the record. Vice Chair Spence -Jones: Basic -- Mr. City Manager, I don't know which one of us on this dais, from a Commission standpoint, asked, butt know that I'm getting a lot of requests from my community regarding this stimulus package and, you know, what dollars are going to be available, how they're going to be accessed; and I believe in one of the City Commission meetings -- it might have been the last one or the one before that. I'm not really -- I can't really remember which one -- but it was stated that there were going to be some community -- might have been the Chairman that might have mentioned that -- Chair Sanchez: Yep. Vice Chair Spence -Jones: -- right? I just wanted to know, are we in the process of working on these community --? What was -- what did you request for, Commissioner? Chair Sanchez: It was workshops with the Commissioners -- the Administration needed to sit down with the Commissioners as to the stimulus package so we could be kept informed of the process and the distribution of those monies and where those monies are going to be used so we could be kept abreast. Vice Chair Spence -Jones: Okay. It wasn't for the community? Chair Sanchez: No. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff We -- Pedro G. Hernandez (City Manager): And those -- Commissioner Sarnoff -- just received -- Madam City Attorney, didn't we just receive an invitation from your office to attend some sort of a teleconference? Julie O. Bru (City Attorney): Well, this is a teleconference that's being sponsored by the City ofMiami Page 29 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 International Municipal Lawyers Association, and we did send out invitations in case anybody wants to attend. Commissioner Sarnoff And that's to explain the entire stimulus package from beginning to end? Ms. Bru: It is to give tips and hints and give some information to local governments on how to access the funds that are going to be made available. Commissioner Sarnoff Like I know I'm going to attend because I'd like to learn how it's done. Ms. Bru: Right. Commissioner Sarnoff It may be a lawyer's relief act. Who knows? Vice Chair Spence -Jones: Okay. Chair Sanchez: All right. It was a directive through the Chair through [sic] the City Adminisfration to have the staff sit down with all the Commissioners -- I know that they have already made arrangements to sit down with the Commissioners -- and brief you -- sort of like a workshop -- as to the stimulus package. I think it is paramount and important that the Adminisfration briefs each and every one of us as to the funds. I'll tell you why. People think that billions of dollars are coming down and the world's going to be saved. Well, let me just give you a glimpse of reality. We're only getting $11 million coming to the City, and the infrastructure improvements that are coming down are only three projects, three -- we're grateful. We're not turning them away, but there are only three projects, so you need to be aware so when constituents ask you, you know, the money for infrastructure, the money for CDBG (Community Development Block Grant), social services, the money for the green initiative, you would be well informed; and I think it's important that the Adminisfration keep you well informed as to this package because I think more will come in the future and I think that we need to be very astute as to the process. Vice Chair Spence -Jones: And I just want to add on to that, Mr. Chairman. I know that Commissioner Regalado has something also he wants to add, but I think you're absolutely right. Because, for some reason, we're getting a lot of phone calls in my office regarding these stimulus dollars, and our constituents being able to tap into them; and I think it's really sending confusing messages to our public on what's really available. So I definitely would like to have a full breakdown so that I could communicate it to my constituents. Chair Sanchez: All right. Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. I think that it's important that members of the Commissions [sic] are briefed, but I think that it's more important that the Adminisfration acts like today and tomorrow in several items of the stimulus package. Number one, on the $7.2 million of social services that the State will be sending to the different counties and municipalities, we need to understand if that is by population or by request or by services or by per capita of social services. These are only for meals, the $7.2 million, and we have seen a cut of meals by the State legislature, and there are some people that have been cut off of the programs. The other thing is the recent ruling by the County attorney that unincorporated Miami -Dade is not a municipality, and because of that, 20 percent more of the stimulus will be sent to the different municipalities, and the other one is how to -- what is the legislature doing in terms of more social programs other than the meals? Because I know -- and maybe Mr. Menendez also can speak about that. As we speak, the State Legislature is dividing some of the monies and deciding which part of the stimulus they're going to take. They're not going to accept the extension of unemployment benefits, so we don't know about that. But the workforce money is flowing big time, and I think that we need to understand how much of the workforce -- City ofMiami Page 30 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 and this has been an issue in this Commission for many, many, many years, but I'm telling you that workforce money is getting like $165 million on the State and, you know, I think that we should ask -- because some of the monies will be sent to establish satellite offices, and we don't know if we will be getting that. So I'm just saying that the briefings are great, but the speed of the State Legislature is greater than whatever briefing and decision that we can make here because we will have to wait until April 2, and these people are approving bills left and right, as we speak, so it falls in the Administration legislative lobbying to see what we get on the meals and also on the workforce program. So I just think that, you know, we cannot wait. It's being done now. Mr. Hernandez: Commissioner, you're right, and we do have staffing that's following up on all the actions in Tallahassee. Besides keeping you posted and giving you updates on the stimulus program, we're following the actions not only in Washington, but in Tallahassee, and taking action and trying to keep you up -to -speed on what's going on. On the reference of the feeding the senior, I think that Kirk Menendez can give us an update right now as to where we are. Kirk Menendez (Government Relations): Kirk Menendez, Office of the City Manager. Commissioners, as ofyesterday, we were provided information from our state lobbying team that there are ongoing meetings between the Department of Health and Human Services in Washington, DC (District of Columbia), and the State of Florida with regards to the senior nufrition program. What's occurred is that the rules of engagement or the guidelines for the disfribution of those funds are not clear to the State, so they have ongoing conversations to provide further clarification. We contacted the Department of Health and Human Services yesterday afternoon explaining to them the dire need in our community to provide nufrition to our senior segment of our population and asked for specific steps to be taken to assure that those agencies that the City ofMiami partner with are not left out of the distribution of those additional funds. We have -- I'm in constant contact with our team in Tallahassee. They've made inroads in the Office of the Governor and also in Elder Affairs, which is overseeing the disfribution of those funds. In addition, we're working very hard to get information on the general or let's say the regular funding that our agencies receive on an annual basis to make sure that those funds aren't reduced because of the economic crisis. So we're on top of it, and I hope to give you not on clarification but good news in the next day or so, but we are on top of it. Chair Sanchez: All right. Any other question? All right. Once again, Kirk, I want to thank you for the information you provided our office as to this. It really boils down to you snooze, you lose; so, you know, I think the cities that have a plan in place to work with the State to be able to bring the money down are the ones that are going to benefit, and I know that there's a lot of people in Tallahassee muscling in for those funds that are so needed in our community, so once again, I want to thank you, I want to thank your staff and I want to thank the City Manager. This is very important to us, although we realize that it's not a lot of money, it -- to someone, it is a lot of money to us that have to constantly meet a challenge with all the budget cuts from the State to make sure that we don't leave anybody out, and we make sure that we go out there and we do everything we can for our elders, for our children, and for the basic needs of our community, so once again, I want to thank you. And it's -- once again, it is important that you keep us abreast of what's happening in Tallahassee and when the money's coming down and how you're going to be putting that money to good use. All right. So no further discussion on that. We did have -- all right. Okay, we're on RE.4, and I've been advised by the Clerk that we have someone who wants to address us. It's not a public hearing, but you know, we'll allow you an opportunity to read something into the record thanking us for this. Ashley, you're recognized for the record -- Ashley Chase: Hi. Thank you so much. Chair Sanchez: -- pertaining to this item, RE.4, as a point of privilege from the Chair. City ofMiami Page 31 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 RE.5 09-00316 SEOPW and OMNI Community Redevelopment Agencies Ms. Chase: Ashley Chase, assistant director of the Miami River Commission, with offices at 1407 Northwest 7th Street. Really briefly, on behalf of our chair, Eric Buermann, the Miami River Commission just wants to thank the City for accepting and executing the local agency program agreement with FDOT (Florida Department of Transportation), and this grant is for greenway construction consistent with the Miami River GreenwayAction Plan and the Miami River Corridor Urban Infill Plan. And we just want to thank you for all your support. Thank you. Chair Sanchez: All right. Thank you. At this time, Madam Clerk, we do have a motion and a second on the record. We have discussed the item. We're prepared to vote on RE.4. RE.4 is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 5-0. Unidentified Speaker: Thank you. Chair Sanchez: We move on to -- thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND ADOPTING THE COMMUNITY REDEVELOPMENT AGENCY'S PROPOSED GENERAL OPERATING BUDGET AND THE AMENDED BUDGETS OF THE SOUTHEAST OVERTOWN/PARK WEST, OMNI REDEVELOPMENT DISTRICT, AND MIDTOWN COMMUNITY REDEVELOPMENT AGENCIES, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009, AS APPROVED BY THEIR RESPECTIVE BOARDS OF COMMISSIONERS. 09-00316 Legislation.pdf 09-00316 Exhibit 1.pdf 09-00316 Exhibit 2.pdf 09-00316 Exhibit 3.pdf 09-00316 Exhibit 4.pdf 09-00316 Summary Form.pdf 09-00316 Letter.pdf 09-00316 Memo.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0160 Chair Sanchez: We move on to RE.5, and that is the CRA (Community Redevelopment Agency). This is a bit of housekeeping. Who's here to speak on this item? Pedro G. Hernandez (City Manager): Commissioners, in essence, these are the -- Chair Sanchez: Budgets. Mr. Hernandez: -- CRA budgets that were approved by the CRAs, Southeast Overtown/Park West, Omni, and Midtown that, procedurally, they have to come before City Commission for your City ofMiami Page 32 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 acceptance. Vice Chair Spence -Jones: So moved. Chair Sanchez: All right. Commissioner Gonzalez: Second. Chair Sanchez: There's a motion for the record. It has been approved by the Board, the CRA Board. There's a motion by the Vice Chair, second by Commissioner Gonzalez. It is a resolution, RE.5; does not require a public hearing. No further discussion on the item. Is there anyone who wants to discuss this item? Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.5, resolution, was approved, 5-0. RE.6 09-00073 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 126077, 1, THAT THE TWO (2) TOP -RANKED FIRMS AND MOST QUALIFIED TO PROVIDE MUNICIPAL BOND UNDERWRITING SERVICES FOR THE POSITIONS OF SENIOR MANAGERS, IN RANK ORDER ARE: (1) MERILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED/BANC OF AMERICA SECURITIES LLC (SENIOR MANAGER) AND (2) JP MORGAN (CO -SENIOR MANAGER); SHOULD CONTRACT NEGOTIATIONS FAIL OR THE FINANCIAL INSTITUTION IS NO LONGER PROVIDING SAID SERVICES WITH ANY OF THE TWO TOP -RANKED FIRMS FOR THE SENIOR MANAGER AND CO -SENIOR MANAGER POSITIONS, THE CITY OF MIAMI ("CITY") SHOULD NEGOTIATE WITH THE THIRD, FOURTH, OR FIFTH RANKED FIRMS: RBC, MORGAN KEEGAN, AND GOLDMAN SACHS, RESPECTIVELY; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), ON AN AS -NEEDED BASIS, FOR A BASE TERM OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; FURTHER INDICATING THE THREE TOP -RANKED FIRMS AND MOST QUALIFIED TO PROVIDE MUNICIPAL BOND UNDERWRITING SERVICES FOR THE POSITIONS OF CO -MANAGERS IN RANK ORDER ARE : (1) RBC (CO -MANAGER), (2) RAYMOND JAMES (CO -MANAGER), AND (3) GOLDMAN SACHS (CO -MANAGER); SHOULD CONTRACT NEGOTIATIONS FAIL OR THE FINANCIAL INSTITUTION IS NO LONGER PROVIDING SAID SERVICES WITH ANY OF THE THREE (3) TOP -RANKED FIRMS FOR THE CO -MANAGER POSITIONS, THE CITY SHOULD NEGOTIATE WITH THE FOURTH THROUGH EIGHTH RANKED FIRMS: MORGAN KEEGAN, WACHOVIA BANK NATIONAL ASSOCIATION, A WHOLLY OWNED SUBSIDIARY OF WELLS FARGO, MORGAN STANLEY, RAMIREZ & CO., AND SIEBERT, BRANDFORD, SHANK, RESPECTIVELY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL City ofMiami Page 33 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 SERVICES AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), ON AN AS -NEEDED BASIS, FOR A BASE TERM OF TWO (2) YEARS WITH OPTIONS TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; PROVIDING FOR THE CITY MANAGER TO ADMINISTRATIVELY ACCEPT AN ASSIGNMENT OF ANY EXECUTED AGREEMENT(S) WITHOUT FURTHER CITY COMMISSION ACTION, UNLESS THE ASSIGNEE OF SAID CONTRACT IS NOT A FINANCIAL INSTITUTION RANKED IN THIS RFQ PROCESS; ALLOCATING FUNDS, FOR SAID PURPOSE, THROUGH THE PROCEEDS OF BONDS ISSUED. 09-00073 Legislation.pdf 09-00073 Exhibit.pdf 09-00073 Summary Form.pdf 09-00073 Memo.pdf 09-00073 Tabulation Resolts Summary Form.pdf 09-00073 Evaluation Criteria.pdf 09-00073 Evaluation Criteria 2.pdf 09-00073 Evaluation Criteria 3.pdf 09-00073 Request Qualifications.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0161 Chair Sanchez: Okay. RE.6. Glenn Marcos (Director, Purchasing): Good morning, Commissioner. Glenn Marcos, Purchasing director. RE.6 is an item before you in which the Administration is respectfully recommending that the City Commission accept a recommendation of both the City Manager and the Evaluation Selection Committee for municipal bond underwriting firms. The firms that we're recommending award to goes as follows: We have senior managers involved as underwriters, and the senior managers selected were Merrill Lynch, 1, and JP Morgan, 2, as your senior managers. For the position of co -managers, we're recommending award to RBC, Raymond James, and Goldman Sachs. We're further seeking approval from City Commission to allow the City Manager to negotiate and execute professional services agreement with these firms. The agreement is for a base term of two years with options to renew for three additional one-year periods. We're also seeking from the City Commission that in the instance -- or in the event that negotiations fail with the senior managers, that we can go on to negotiate with the next re -- highest ranking firms in order. Those ranking firms are RBC, Morgan Keegan, and Goldman Sachs. For the co -managers, we're asking the City Commission to do the same, to negotiate with the next five highest -ranked firms if negotiation fails, and those firms are Morgan Keegan, Wachovia, Morgan Stanley, Ramirez & Co., and Siebert, Brandford, Shank. Ifyou looked at the resolution, the resolution also is seeking approval from the City Commission to allow the City Manager to administratively accept an assignment of any executed agreements in which one firm is assigning the contract with the other firm, as long as that firm was part of the selection process. If they're not part of the selection process, we will be bringing back the item before you. In closing, I would like to end up stating for the record that I would like to amend the resolution on the floor to get the names right or correctly state the names of the firm. Wachovia should be stated in the resolution that they're a wholly -owned subsidiary of Wells Fargo, and Merrill Lynch should be stated in the resolution that they submitted their proposal in combination or in partnership with Bank ofAmerica Securities, LLC (Limited Liability Company). City ofMiami Page 34 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Chair Sanchez: All right, so those corrections have been put on the record. At this time we need a motion and a second for the purpose of discussion. Is there a motion? Commissioner Sarnoff Purpose of discussion, motion. Chair Sanchez: All right. There's a motion for -- Commissioner Regalado: Second for -- Chair Sanchez: -- the purpose of discussion by Commissioner Sarnoff. Commissioner Regalado: -- purpose of discussion. Chair Sanchez: Second by Commissioner Regalado. Commissioner Sarnoff you're recognized for the record. Commissioner Sarnoff Glenn, who on this list didn't receive federal bailout dollars? Commissioner Regalado: All of them. Diana Gomez: Diana Gomez, Finance director. That was not a criteria [sic] of the evaluation, so we did not get that information as part of the selection. Commissioner Sarnoff Is there anybody on this list that didn't receive a bailout? Larry Spring: Larry Spring, chief financial officer. Can I see the list real quick? I'll get back the answer to you, but of the firms that were selected -- well, Merrill Lynch is a wholly -owned subsidiary of Bank ofAmerica. We all know that they received TARP (Troubled Asset Relief Program) funding. Commissioner Sarnoff Right. Mr. Spring: I believe Goldman Sachs, as well. Commissioner Sarnoff Right. Mr. Spring: With regards to RBC, JP Morgan Chase -- JP Morgan Chase, I do not think so because they were out purchasing some of the failed banks. Raymond James is a large retailer, so I don't believe they received it, but -- and RBC, I need to check. But what we can do is get back to you later on today with that report. Commissioner Sarnoff You indicated this did not even address or even was part and parcel of your criteria. Mr. Spring: At the time -- yeah, the answer is no, it was not part of our criteria. Commissioner Sarnoff Why? Mr. Spring: At the time this RFP went out, we were focused on getting our teams. We established criteria with regards to the company's capitalization, their -- you know, their ability to do deals, the deal experience, you know, the -- Commissioner Sarnoff Well, wouldn't -- Mr. Spring: -- typical investment bank criterias [sic] that we put into one of these RFPs. City ofMiami Page 35 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Commissioner Sarnoff -- their ability to do a deal be their balance sheet, and wouldn't their balance sheet be a criteria [sic] such that if they -- Mr. Spring: And it -- Commissioner Sarnoff -- required a bailout that should have been a criteria [sic] you looked into? Mr. Spring: Their -- not -- their balance sheet, yes; whether they received a bailout, no. Commissioner Sarnoff Well, correct me if I'm wrong, but for the federal government to have bailed out a financial institution, they would have had to demonstrate that they were in peril. Mr. Spring: Yes. They would have had to meet some -- the TARP criteria. Commissioner Sarnoff Right. I've read the TARP criterias [sic]. I think what I've addressed is a summary of how it works. My question is -- and I usually don't get into this -- but how could you not have considered part of your criteria the financial ability of any of these financial institutions? Mr. Spring: We did consider the financial ability of all of these financial institutions. Commissioner Sarnoff Then how could the fact that they did or did not receive TARP funding, which is nothing more fancy than a bailout, not factor into your ranking of these firms? Mr. Spring: If the firm is -- met our criteria, even with the TARP funding, they would have met our criteria. Commissioner Sarnoff But wouldn't a firm that didn't require TARP criteria, be it a firm that ipso facto, would have been higher? Mr. Spring: Well, let's look at an example. Wachovia. Commissioner Sarnoff Okay. Mr. Spring: Wachovia is not one of the selected firms, but they're in our top five under our co -management. Wachovia now, as we all know, is a wholly -owned subsidiary of Wells Fargo. This bank came in, provided the capitalization to Wachovia to be able to move forward with these services, these public finance services. It's not lending. It's not mortgages. It's public finance. They act as our conduit to issuing bonds. They do underwrite -- in the case where we go to market, we don't get full subscriptions for all of our bond issuance, and they will buy those bonds and sell them on the secondary market themselves. Commissioner Sarnoff Right. Whether -- it's dependent upon whether you're going to issue transactional bonds or negotiable bonds. Mr. Spring: Competitive. Commissioner Sarnoff All right. Maybe we're using -- you know what I'm saying. Mr. Spring: I know what you're saying. Commissioner Sarnoff The criterias [sic] are different. City ofMiami Page 36 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Mr. Spring: Yes, they are. However, again, our criteria -- and we can -- it's -- I think it was all in the backup -- looks at all of those fundamentals. Those fundamentals, based on the Evaluation Committee's criteria -- our evaluation committee's scoring, they met the criteria. We can go through the criteria for you. National recognition as an underwriting firm by maintaining Redbook listing in the area of dealers and underwriters for the past two years, that is a -- that's a good -- that's good standing; licensed to act as an underwriting municipal debt in the state of Florida; overall capacity to perform services, including organization, resources, financial capacity, equipment, and supervision, you know, judgments, bankruptcies, pending lawsuits. Commissioner Sarnoff Well -- and that's -- and I read that, and I got to say, if Bank ofAmerica -- just correct me if I'm wrong on this statement -- did not buy Merrill Lynch, it would have went bankrupt just like Bear Stearns or Lehman Brothers. Mr. Spring: Yes. Commissioner Sarnoff And yet -- Mr. Spring: But they bought -- Commissioner Sarnoff -- Merrill Lynch -- Mr. Spring: -- them, and they capitalized the company. I guess -- I'm trying to get a very simple example. If my bank -- if my company was failing -- Commissioner Sarnoff Right. Mr. Spring: -- and you were -- say we were poster makers. Commissioner Sarnoff Right. Mr. Spring: We made posters. Commissioner Sarnoff Right. Mr. Spring: And I had a small poster company, and you're the 30-percent market share of poster making. I've been bidding on City jobs and now I'm -- I can't afford to pay anymore, whatever. You buy me, but you leave my company whole. You capitalize my company so that now I can continue as a going concern. Commissioner Sarnoff Okay. Now I -- Mr. Spring: So I've met the criteria. Commissioner Sarnoff Can I tell you how I see it? Mr. Spring: Okay. Commissioner Sarnoff You, Larry Spring, who make posters, have done a horrible job of making those posters, and thereby, you're going bankrupt. I leave you in charge and in place, and then I give you a City contract to sell all our posters. Was that wise of me? Mr. Spring: I don't understand your example. Commissioner Sarnoff Well, you're leaving the very same people in place that were going City ofMiami Page 37 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 bankrupt, so that's my -- my question is your criteria; I don't understand it because -- Mr. Spring: Our criteria -- Commissioner Sarnoff -- a company -- let me finish -- doesn't go bankrupt because it doesn't make a good car. A company goes bankrupt because it's structurally unsound because its CEOs (Chief Executive Officers), its CFOs (Chief Financial Officers), it's VPs (Vice Presidents) have made bad financial decisions. Mr. Spring: Andl would agree with that. However, in this instance -- again, I will state again -- you had a bank that was going into failure. It was purchased by a larger financial institution that came in, capitalized the bank to the -- to an ep -- to a level that would be -- determined to be adequate or more than sufficient so that they can continue as a going concern. Same thing with one of our banks. JP Morgan Chase bought WaMu (Washington Mutual) Bank. WaMu is still open, still doing business, still doing loans, still opening up checking accounts because this other financial institution came in and capitalized the bank. My only -- I guess -- I hear your concern, and it is a very good concern with regards to them receiving TARP funding and the -- what that indicates. However, in this -- last Sunday, our -- you know, our Fed chairman himself said, we are not allowing any of the large banks to fail so we're putting in programs -- we are capitalizing them to make sure that they don't fail. I believe Bank ofAmerica is one of those banks that he was referring to. Commissioner Sarnoff I think they have more TARP funding than anyone else. Mr. Spring: Yes. Commissioner Sarnoff If I'm not mistaken -- Mr. Spring: And -- kind of incidentally, I know that Bank ofAmerica is still one of those banks in this country that, because of TARP funding, they continue to do commercial real estate lending today when a large part of the lending market has shut down. Commissioner Sarnoff Let me ask you this analogy and see if you agree with it. You know what a colander is that allows like spaghetti -- put spaghetti in something and you let it drain out. Mr. Spring: Yeah. From my Emeril Lagasse days, yes, I do remember. Commissioner Sarnoff Okay. What do they call that, a colander? Mr. Spring: It's a colander. Commissioner Sarnoff All right. A bank is a colander. A failing bank has a lot of holes, right? So you've left the colander in place and you just added some more water. Mr. Spring: Using your analogy, I would say we left the colander in place, but when the money came in, we plugged up many of the holes. Commissioner Sarnoff Oh, I wasn't aware of that. I wasn't aware that any of these banks restructured. I apologize then. If you're aware of all these banks restructuring and taking out those people that made the bad decisions that caused them -- Mr. Spring: We don't -- Commissioner Sarnoff Let me finish. City ofMiami Page 38 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Mr. Spring: Okay. Commissioner Sarnoff -- to have the financial crisis that they've put themselves in, requiring $780 billion in tax dollars, I stand corrected. I'm wrong. I wasn't aware of that. Mr. Spring: I spoke to Merrill Lynch because I know, specifically, of their situation. They were a bank that was failing, that was going to go bankrupt at some -- 11 th hour some Tuesday night some months ago. Commissioner Sarnoff Right. Mr. Spring: Bank ofAmerica stepped in, purchased them, saved them. They are now a wholly -owned subsidiary of Bank ofAmerica, who has received TARP funding, and I -- we stated that on the record. However, Merrill Lynch today remains well capitalized. In fact, their representative was here at the acceptance of our HD bond, Mr. Ron Williams, who is on our team right now. Both Bank ofAmerica Company and Merrill Lynch Company are on our underwriting team now. They have proposed -- Commissioner Sarnoff And -- Mr. Spring: -- as the new joint company. Commissioner Sarnoff -- the reason that they were going bankrupt at 11 o'clock on any given night some time in 2008 has been changed, right; that you've plugged those holes? Just tell me how those holes got plugged. Mr. Spring: A new company came in and capitalized the bank. Commissioner Sarnoff Right. I got the fact they added more water in the colander. Mr. Spring: They wrote off whatever they needed to write off but they capitalized the bank. Commissioner Sarnoff Did the people who made the bad decisions get replaced? Mr. Spring: I don't know. I can't answer that question. Commissioner Sarnoff So then how can I, as a Commissioner, vote -- and let me tell you the second problem I have. Because ifI read this correctly, it says providing that the City Manager to administratively accept an assignment of any executed agreement of said contract -- you've read it before, so not only are we allowing you to choose and rank these people, but a Merrill Lynch could turn around and sell this to Goldman Sachs? Mr. Spring: With regards to that matter, if you recall, we've come back to Commission two, three -- I think three times because of our last underwriting approval 'cause we had situations where, surprisingly enough, Bank ofAmerica went and bought one of the banks that was under our underwriting team, LaSalle Financial, so we had to go and assign the contract to Bank of America because now they purchased the bank. You also had the situation with UBS (United Bank of Switzerland) because they just decided to get out of the public finance business altogether. They just cut the lights off one day. And then Merrill Lynch was the next one, with -- where Bank ofAmerica came in to buy the bank. Once we found out what the new legal structure was -- 'cause it wasn't like LaSalle. With LaSalle, they bought the bank, got rid of the brand; it became Bank ofAmerica. In the case of Merrill Lynch, they've decided to leave the brand, make it a wholly -owned subsidiary of the company, capitalize it. In my example, my company; you buy me, you capitalize me so I can continue. Yes, you may fire me because I'm a bad manager, and I'm sure there's been some layoffs; and I know that they're reconciling staff City ofMiami Page 39 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 but with regards to the public finance folks, we've had that discussion. With regards to the executive vice president of Bank ofAmerica, who was in charge of lending and derivatives and all of these other things, I'd have to say on the record I do not know if that gentleman or gentlewoman or whatever who was in place at those banks making those deals and doing those transactions, have they been let go? No, I do not know the answer to that question today. Commissioner Sarnoff If you were sitting in my shoes, would you be asking the CFO these questions? Mr. Spring: Yes, I would. But ifI was sitting in your shoes, having worked with your CFO so closely for the last several months, I would trust your CFO and go with this recommendation that has been put forth by the City Manager. Commissioner Sarnoff All right. So you are recommending that we give the City Manager unfettered discretion to assign any of these folks in this list of resolutions? Mr. Spring: That was our recommendation. However, if you would like for us to bring them back to Commission every time, we don't have a problem with that. It was just a -- to make a seamless -- seamless transitions -- Commissioner Sarnoff Well, I just want -- Mr. Spring: -- less bureaucracy. Commissioner Sarnoff -- to make sure that CFO that's guided us so carefully and diligently is recommending that the Manager have unfettered discretion to assign -- Mr. Spring: To make these assignments? Yes, that is my -- Commissioner Sarnoff Yeah. -- from a company that may have taken TARP funding to a company that didn't take TARP funding or vice versa. Mr. Spring: Or vice versa. Commissioner Sarnoff Okay. I understand. Thanks. Chair Sanchez: Commissioner Regalado. Commissioner Regalado: Thank you. Madam City Attorney, do we have bond counsels -- attorneys as bond counsels and bond advisors already? There was an RFP and bond counsels were retained and bond advisors were retained from here from the City ofMiami. Ms. Bru: This Commission authorized an RFQ that was issued and then, as a result of the RFQ, there are several firms that were selected and they're available on a rotational basis with a different issuance. Yes, they are on board. Commissioner Regalado: So these firms, they also work for the County? Ms. Bru: The firms that are providing bond counsel services -- Commissioner Regalado: Yes. Ms. Bru: -- to the City, some of them may also work for the County. Yes. Commissioner Regalado: And they sell bonds. City ofMiami Page 40 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Ms. Bru: Well -- Commissioner Regalado: They do the functions of bond selling, right? Ms. Bru: The firms that we have that are working along with the assistant City attorney in my office that works with the Administration, they just do the legal. They're disclosure counsel and the issuance counsel. We have disclosure counsel -- yeah. And they're involved in the legal transactions. This is the financial aspect of it. Commissioner Regalado: I understand. But they do also sell bonds. Ms. Bru: The firms, no. The firms that we have on board to assist us with the legal issuance and the disclosure requirements, they're just there for legal issues. Commissioner Regalado: That was the RFQ then from -- because I know that some of these firms do participate in the selling, the physically selling of the bonds. On the matter, these -- all these firms have offices in the City ofMiami. Do they? Mr. Marcos: For the record, I would say -- and I can go ahead and double check on that, Commissioner Regalado -- but I would say not all; some, but not all. Commissioner Regalado: So we are going -- Mr. Marcos: And for the record, if you look at the actual criteria, local preference was -- they were given points for local preference, if they had local offices within the City ofMiami. Commissioner Regalado: But still, the Manager can pick a firm that does not have, if we approve this, local offices. Mr. Marcos: It's based upon the rank -- the highest -ranked firms, and you would have to go -- because of the fact that that was the evaluation conducted by the Selection Committee, they're recommending these highest -ranked firms, and so you would have to go with these highest -ranked firms; and if we fail to negotiate an agreement, then you would go on -- the third thing to do is to go on to the next highest -ranked firms, and that's what the evaluation committee recommended. Commissioner Regalado: Okay. Still -- Mr. Marcos: And for the record -- and I guess this would be a comment for you, Commissioner Regalado and Commissioner Sarnoff -- the reason why we're looking at the assignments is that we're acknowledging to all of you here that we don't know what the market's going to end up -- You know, we don't understand what's going on with the market right now. I mean, nobody does. We're trying our best to see how it's going to perform, but nobody has a crystal ball, and we're just wishing for the best. We just feel that from a seamless transition point of view that the City Manager should be given that delegation that they're -- if there is an assignment and that assignment occurs with any of the ranked firms here and they participated in this competitive process, that you delegate that authority to him. However, with that being said, if there is a firm that's not part of selection process or the competitive process and yet, there's an assignment to a firm that never competed for this, we will bring this back before the City Commission. Commissioner Regalado: But the point is we are so eager to sell these bonds that we would probably accept a higher interest rate. Is that --? Mr. Hernandez: Commissioner, I think that -- these are companies -- these are underwriters. City ofMiami Page 41 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 This is a vehicle for us to be able to sell bonds. They are like brokers that will sell bonds when the City needs to sell bonds; so based on our evaluation, these are the best firms today that can help provide that service to the City when we need it. Either for street bonds, either for, let's say, CRA (Community Redevelopment Agency) bonding that we may need to do in the future, that's how we would use these firms. Commissioner Regalado: But I understand. I know what Merrill Lynch does. I know what Goldman Sachs -- what I'm saying is if we are so eager to sell bonds and being the market as it is, would the Manager have the authority to approve a bond that has a very high interest rate? Mr. Spring: No. Larry Spring, CFO. If you recall the last Commission meeting, the staff -- the Administration brought to you an ordinance for the approval of the City Commission that set forth the parameters by which we'll be going to market. It set forth even interest rate maximums that the City Manager has authority to approve, so when we bring those -- every time we do a bond issuance, we come back before the City Commission to receive authorization; and in that authorization, we specify interest rate cap maximums so that we do have flexibility, but we can't go above "X" percentage. So the City Manager does not have unfettered approval rights with regards to interest rates, which was the issue, if you recall, with the pension bond that we fried to issue back late last year when we had to pull it back in September. When we went to market -- when we were going to pricing, the pricing that we were getting was above the maximum that was approved by the City Commission and there were no subscriptions for that issuance, even though it was a very good deal, in my opinion, and we had to pull that deal back; we could not go to market. The same would essentially occur if we were in a situation where we're above the approved maximum of the City Commission. Commissioner Regalado: Now that you mention the pension bonds. March 29 was the deadline for the pension stabilization that you requested, and we won't meet until April 2, so we missed the deadline? What is going on here? Mr. Hernandez: Commissioner, even as late as last night, Larry and I met with Armando Aguilar from the police unions in continuing to work in trying to find solutions that would be workable. Our commitment, based on the collective bargaining agreements that were approved some time back, was to develop a pension stabilization plan that would allow us to stabilize the City contribution to the pension plan at 37 percent of payroll or less. As a result of the economic problems that we're having, we -- both parties recognized that there is no way that we can achieve that goal, so we're working with Police to fry to find other solutions that would allow us to go forward. We met with Police last night, and my plan is to come back to the City Commission on the April 2 City Commission, a week from today, to provide you a more full report, and hopefully, a resolution. Commissioner Regalado: Thank you. Thank you, Mr. Chairman. Chair Sanchez: Vice Chair Spence -Jones. Vice Chair Spence -Jones: Yes, Larry. I mean, I just have two quick questions, and I think the Manager kind of answered in his last statement, but I just want to be clear. What is -- what would be the -- after this item is passed, what is the next step or the plan of action, like --? I know he just mentioned street bonds, he mentioned CRA, he mentioned a whole list of different things. Mr. Spring: The action that's being taken just approves our underwriting team. They're there -- they're in place as we need them, so as we start working on deals, they get assigned and they start doing all of the work, including with bond counsel and disclosure. Vice Chair Spence -Jones: Okay. Only reason I asked, Mr. Manager just mentioned the street City ofMiami Page 42 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 bonds as -- and I know that we all -- every single one of us sitting up here knows how important it is to get things moving in our districts. Is that one of the top priorities? I'm just frying to get a sense -- Mr. Spring: That is the next deal in the hopper, actually. Vice Chair Spence -Jones: Okay. So that -- Mr. Hernandez: Commissioner, this team of underwriters would be on the sidelines, and whenever we have an opportunity to move forward with bonding the street bonds, CRA bonding, then we well use them. Vice Chair Spence -Jones: Okay. And then my last question was based upon municipalities, like local municipalities that have gone through this process. And I understand that we've talked about how the market is and, you know, how we're really not sure what's going to happen when it goes out. Do you -- can you cite for me any instances of local government, whether or not it be the County or other municipalities that have gone through this process most recently, if they were able to float bonds or --? Mr. Spring: Miami -Dade County. They did a deal, I think, last week, and they were able to sell. Vice Chair Spence -Jones: And how much was that? Commissioner Sarnoff Five point nine two percent. Mr. Spring: That was the interest rate. I think it was $600 million. Vice Chair Spence -Jones: Six hundred million. Mr. Spring: Yeah. Vice Chair Spence -Jones: And what -- do you know what it was used for? Mr. Spring: I -- was that airport? It was airport. Vice Chair Spence -Jones: Okay. No. I was just curious. So you don't really -- Mr. Spring: No. The -- Vice Chair Spence -Jones: -- feel as though it's going to be an issue as far as -- Mr. Spring: I mean, our -- in our discussions with our current underwriters and our FAs (Financial Analysts), the market for the current interest rate, standard vanilla bond has opened up a good deal. In fact, I believe deal volume last week was around 17 billion nationwide, so it is opening up with a pricing around 5.92. A year ago or a year and a half ago we were getting 5 and a half, 5.35, so the interest rate is a little higher, but it's starting to creep back down, and the market is starting to open up. A lot of the actions that was taken by the Treasury last week resulted -- all of these stimulus things resulted in this shift to opening up of the municipal bond market. Vice Chair Spence -Jones: Okay. Mr. Spring: You know, I -- and our ratings will probably go up as a result. Very few cities in this country have ever defaulted on a bond deal -- on a bond payment, very few. You know, if you look at -- if you compare that on a -- you know, a FICA (Federal Insurance Contribution City ofMiami Page 43 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Act) basis, we should have a 1,000 FICA score because regardless of what was going on in our household, we were able to meet all of our obligations with regards to debt that we borrowed. The bond rating agencies are starting to take that view of municipal -- municipalities and say, well, compared to corporate bond issuance -- Chair Sanchez: Safer. Mr. Spring: -- they're safer. Because a lot of state charters mandate that before you pay anything else, you got to pay your debt first. We do -- you know, last week we talked about the budget to cover -- the covenant to budget and appropriate. We have that backstop that says if we can't pay from the bond payment source, the general fund is supposed to step in. We've never had to do that either, so -- you know, we're a good bet, and that's -- what I'm saying to you now is what I say to the bond rating agencies when we get on these calls. We have a call coming up in a couple weeks. We have to sell our city, our financial position. Even with the cloud coming and the circumstance, we still show, you know, a very good stable city with regards to our debt issuance. Vice Chair Spence -Jones: And in closing, Larry -- because I have heard some of the concerns from other fellow Commissioners sitting on the dais -- the most recent bonds that were issued by Miami -Dade County, you mentioned, it was about 600 million. Do you know what firms they use? Mr. Spring: I don't know who was the lead on it. They have a different structure, and I would dare say many of the banks that are on this list are in their pool. Vice Chair Spence -Jones: Okay. Mr. Spring: I don't know who led that transaction off the top of my head, but -- Vice Chair Spence -Jones: Okay. I was just curious as to whether or not some of those same firms -- Mr. Spring: Oh, yeah. Vice Chair Spence -Jones: -- are the firms that we're discussing now. Mr. Spring: Yeah. Vice Chair Spence -Jones: And in closing, I just -- you know, again, I try to trust and rely on, you know, City staff to -- you know, that have, quite honestly, the know-how and the ability to do what they do that they've been hired to do, so I respect all four of you guys in your -- in what you bring to the table. So this is your recommendation, and you feel comfortable with what's being proposed today? Mr. Spring: Yes. Vice Chair Spence -Jones: Okay. So then I support it. Chair Sanchez: All right. Anyone else? Larry, we had an opportunity to brief me [sic]. You and your staff had an opportunity to brief me. We have reason to be cautious now -- Mr. Spring: Absolutely. Chair Sanchez: -- because of the uncertainties. Any time that we bond nowadays, we got to be very, very careful how. You forgot to mention a very important part of I think -- one of our City ofMiami Page 44 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 accomplishments is that we've been able to turn our bond -- our bonding rating from junk bond status to -- I believe it's double "A," correct? Mr. Spring: A -plus. Chair Sanchez: A -plus. So that allows us an opportunity, as you stated when it comes to bonding, based on our rating, we're able to do it. Now, the whole thing here is that we're focused on this resolution, is the financial aspect of it;; and the thing is that we want to make sure that the question that is clearly answered is that the financial ability is there from these companies. Mr. Spring: Clearly there. And to go a step further, I would say, on some levels, we have to be caution, but we also have to start, you know, using the banking system. Part of the -- Vice Chair Spence -Jones: Stimulus. Mr. Spring: -- problem that occurs is everybody got scared and they're like, oh, I'm leaving my money underneath the mattress, or I'm not going to do this, I'm not going to do that anymore; and the greed, let's be clear, that was out there that caused this issue in the first place. This services [sic] that we're looking at is a narrow service. It is a public finance service. Some of the companies that are on our total approve list, all they do is public finance work. They don't do mortgages. They don't have -- you know, do checking accounts and all this other stuff. All they do is take bond issuance to market. And the divisions that we're dealing with, that is their sole purpose, is public finance. Chair Sanchez: Now, Glenn Marcos assured me that we got the most qualified firms for the job. I would have like to see -- and I know it's very important that they're qualified to do this, but think would have like to seen maybe some local aspect-- local company to benefit from this. Now that we are basically recovering, I think that we need to support our local companies, okay, or a company that's local. I know that we gave local preferences. Mr. Marcos: We did include local preferences, and some firms did receive the local preference because it was part of the criteria. Chair Sanchez: But as we go down the list -- and I don't -- once again, I don't think we have -- we're -- basically, as stated, we're giving the City Manager the authority to execute a professional service agreement. I would have -- maybe, if we're lucky, go down the list and maybe you can come up to an -- you know, an agreement with some of these companies. I doubt it. You're going to go with the top and you're going to work your way down, butt would have like to seen some of the companies in the bottom of that list benefit from this that they did not. Mr. Marcos: Well, I can -- Chair Sanchez: However, I'm not an expert. I'm going to tell you. I'm not an expert on this field. I don't make myself an expert. I rely on your testimony, and I rely on the expertise of the CFO and your -- and the Financial [sic] Department to tell us which are the most qualified firms. But you know, once again, you know, we do have a fiduciary responsibility to make sure - - because if something were to happen here that maybe out of the norm, or something happens that is foreseen or not foreseen, you know, the burden falls on us, the elected officials that are making this decision. Now, no one here is going to say, you can't bond out. We're never going to bond out because forget it -- I mean, just -- it doesn't work that way. We have to provide infrastructure, we have to provide services to the City, and that's the way it is basically done. So that's the concern that have. I would have like to seen -- and I'm going to continue to fight for local businesses to be able to capitalize through these tough economic times. City ofMiami Page 45 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Mr. Marcos: Commissioner, that's a point well taken. And if you go back to the transcripts of the discussion by committee members, that was one of the discussion that took place. And at that particular point and time, I made it an emphasis that local preference should be given and had to be given; and because of those discussions, for the record, I would like to point out that the following firms did get preference points: You had Ramirez and Co. benefiting from a local preference, Estrada Hinojosa was another firm; Merrill Lynch -- I believe they're on Brickell Avenue -- is the other firm that received local preference as part of this. Chair Sanchez: All right. Commissioner Gonzalez: All right. Call the question. Chair Sanchez: Call -- the question has been called. We did have a motion and a second for the item. It is a resolution; does not require a public hearing. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 4-0, with the absence of the Vice Chair. Mr. Spring: Mr. Chair? Chair Sanchez: Yes, sir. Mr. Spring: One thing I want to add. I know we've been talking about doing a bond 101 session for the Commissioners. It got put back for various reasons. We're prepared to bring that workshop back to this Commission as soon as possible. I know we're right in the middle of a bond deal, but before we do the next one, I'd like to get it out so you understand, step by step, what you're signing onto and what you're approving, the process, and what we deal with, you know, going to pricing. Commissioner Sarnoff And you'll teach me the difference between transactional and negotiable. Mr. Spring: Yes, I will. Commissioner Sarnoff Using the right words. Chair Sanchez: All right. Let's -- END OF RESOLUTIONS City ofMiami Page 46 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 DISCUSSION ITEMS DI.1 09-00149 DISCUSSION ITEM City Manager's PRESENTATION BY THE CHAIRPERSON OF THE FOLLOWING Office BOARDS/COMMITTEES CONCERNING THEIR ANNUAL REPORTS: - AUDIT ADVISORY BOARD - URBAN DEVELOPMENT REVIEW BOARD (UDRB) - NUISANCE ABATEMENT BOARD 09-00149 Memo.pdf 09-00149 Audit Advisory Committee Report.pdf 09-00149 Urban Development Review Board.pdf 09-00149 Annual Report 2008.pdf CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, and was passed unanimously, to continue item DI. 1 to the Commission meeting currently scheduled for April 23, 2009. Chair Sanchez: Have [sic] somebody contacted the judge that wants to be present here for Miami -Dade County Children's Courthouse? 11 o'clock she's going to be here. Okay. We'll pick that up at 11. Let's -- we finished all the REs (Resolutions), 1 through 6. Vice Chair Spence -Jones: Very good. Chair Sanchez: Do we want to maybe do the presentation -- no, the board annual reports? You want to -- what's -- going to be deferred? Unidentified Speaker: Defer it. Mr. Hernandez: Mr. Chair, we would like to defer those board presentations to April 23. Chair Sanchez: All right. Mr. Hernandez: The three of them. Chair Sanchez: Madam Clerk, do we need a motion for that? Commissioner Gonzalez: Motion to defer. Vice Chair Spence -Jones: Second. Chair Sanchez: All right. There's a motion and a second. Motion by Commissioner Gonzalez, second by the Vice Chair. No further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: All right, both the board annual reports have been continued to April. DI.2 09-00152a DISCUSSION ITEM City ofMiami Page 47 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 City Manager's Office DISCUSSION OF REGULATION FEES AND PROCESSES THAT ARE TOO BURDENSOME TO BUSINESSES. 09-00152a Summary Form.pdf 09-00152a-Submitted-Memo-City Manager.pdf DISCUSSED Chair Sanchez: All right. Let's go to the next item, DI.2. That's the business regulation fee. All right, we need a report on that. Pedro G. Hernandez (City Manager): Mr. Chair, Commissioners, I sent out a memo early this morning to all of you, in essence, providing an update on the work that staff had done in working with DERM (Department of Environmental Resources Management) and Water & Sewer in trying to streamline the process and facilitate or relieve the excessive fees or duplication of fees. Orlando is -- Toledo will give you with -- provide an update or summary on that subject. Orlando. Chair Sanchez: Orlando, you're recognized for the record. Orlando Toledo: Orlando Toledo, senior director of Building, Planning and Zoning. What I'm going to do is I'm going to first mention everything we've discussed with DERM and where exactly we're at with DERM As provided to -- DERMhas provided to the City a proposed list of uses that will allow the Zoning Department or the Office of Zoning to go ahead and send them to DERV' for their approval. In addition, we've also agreed to -- that there will be the previous CU (Certificate of Use) for the property as part of the application that does get submitted to DERM That way this process gets expedited, and there's only one-time visit to DERM, if that's the case. In regards to Miami -Dade Water & Sewer, we're still discussing the matters of Water & Sewer. They do -- they have agreed on the idea that a fire flow test will be done prior to them looking at the property and making them extend the waterlines to a larger size. In addition, we're going to continue the dialogue. Hopefully, the next time that come up here, I will give you better information regarding Miami -Dade Water & Sewer. Chair Sanchez: All right. This is an item that was brought to the Commission attention based on complaints that have received and I know that most of my colleagues have received. We are basically in a position where if we do not sit down and address DERM and WASA (Water & Sewer Authority), our small businesses are going to be driven out of this city. With all the regulations, the bureaucracy that is being placed -- I don't know what the reason may be, whether it's financial for the County. I'm setting up a meeting to talk with the County Manager and the Mayor himself butl could tell you this much. There isn't any reason for any small business that wants to open up its door in the City ofMiami that does not drop not even a drop of water on the floor, let alone any contamination, to have to go through DERM, okay. It is a long process. It is a burdensome process for any small business, and you're basically having people go, I don't need this you -know -what. I could go to Hialeah. I could go to Doral. I could go to North Miami. I could go to another city and not have to put up with this." That is one of the many issues that we need to address with DERM, and I know you're making progress with that. If we could get them to agree that certain businesses, a flower shop -- I could understand mechanic. I could understand anything that drops -- Vice Chair Spence -Jones: Dry cleaning. Chair Sanchez: -- a drycleaner, anything that has chemicals or anything that has -- anything that's going to be contaminating our Earth is fine, but we need to streamline that process to simplify the process where those businesses don't have to go through DERM because they end up going to DERM and one, if everything is fine, they usually have to pay $50. Well, that $50, to City ofMiami Page 48 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 some of these business [sic], is a significant amount of money. That's the DERM side. On the WASA side, I'm telling you, what the County is doing to small businesses and large businesses is criminal, where you have to set up -- and they tell you that you have to change your pipe size and to get to the main line, you have to go three or four blocks. And guess who pays for those three or four blocks? So you have a job that costs about 30 to $40, 000 when all you wanted was just maybe to add a toilet. Commissioner Gonzalez: Not only on businesses, but also on affordable housing projects. Chair Sanchez: On affordable housing. So overall, I think the cities need to sit down with them and find a solution to this or, if not, then the cities need to take legal action because it's burdensome to the businesses, and it's certainly destroying the cities as we try to bring new businesses to employ our people and make our city a better place. So keep coming back to us. If we get to a point where I don't think that we're making progress, then we will take legal action, and I can't take it myself butt will seek the support of my colleagues to take legal actions against DERM and take legal actions against WASA for what I believe they're doing is an injustice to hardworking people who want to open up a business in our city. Having said that, I don't know if there are any more discussions or not, but please (UNINTELLIGIBLE) coming back to see if we're able to find a solution. Commissioner Regalado, you're recognized for the record. Commissioner Regalado: To your knowledge, is this done throughout the County or only Miami? Mr. Toledo: The whole County. Commissioner Regalado: So it's not the City ofMiami only? Mr. Toledo: No, all cities in the whole County. Commissioner Regalado: All cities are -- Does the League of Cities had come up with some of these complaints that you know of? Mr. Toledo: I'm sure they are getting the complaints, but no, not that I've talked to the League of Cities. No, I have not. Commissioner Regalado: Okay, so I would -- since I was appointed to the League of Cities, I would convey that complaint. Having said that, the problem is that when the people are trying to get a -- what do they call it, occupational -- Mr. Toledo: CU (Certificate of Use). Commissioner Regalado: -- CU, they get stuck in the City because of these issues, and they keep being -- they being told, you got to go back to DERM. You got to go back to WASA. You got to go -- and come back to us. And there is no -- like yesterday. Yesterday in your office -- in my office, you saw a person that cannot open a cafeteria, number one, because the City lost some records, but DERM and WASA are frying to kill that business. And the lady that pay the lease is losing the rent, you know. She's going to go bankrupt because she cannot open the cafeteria, and it's all about -- for 20 chairs, right? Mr. Toledo: I believe it was 18 chairs. Commissioner Regalado: Eighteen chairs. So the problem -- and I understand. It's an issue of the County, and it's a countywide issue. It's not only in the City ofMiami, but the problem is that we should be more proactive from the Administration part. Lady, you know, can we call WASA City ofMiami Page 49 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 so you can meet with a particular person? Can we make an appointment so you can meet with a particular person in DERM because nobody sees anybody, you know, in DERMS [sic] and the County, and they -- so this is a countywide problem, and as it was said, it's an economic problem. WASA and DERM are out to get money for the County's budget. That's all that there is to it. This is no safety issue. But I think that we at least need to create some kind of process where we -- when that person -- the first thing that that person does is come to the City ofMiami because they are told you have to go to the City and get a permit. So when we get -- when that person gets there, instead of saying, well, first you have to go to WASA and you have to go to DERM, can we just have that person being counseled by a City official, City employee and said, okay, we're going to call DERM to make an appointment in behalf of the City ofMiami and all that. That works, you know, because people are not -- they don't know. They don't know what DERM is. So I'm just hoping that since we will not be able to solve this with the County very soon, that we can at least make appointments or call in behalf of these people so they will be taken care when they go because they don't -- and you know, for us in government, a week is nothing. For a person that is trying to set a business, a week is a week rent that they have to pay and money that they lose, so that's all I think. Chair Sanchez: IfI may, it is a countywide, but there're some cities that are basically telling individuals, you know, we understand; don't go through the process. And what's happened is that the people that don't go through the process, because of all this bureaucracy, then decent, hardworking people violate the laws, and that's the problem that we have. Now the only way we're going to stop this is not making appointments for people to go and address their issues in DERM. It's about all the cities coming together and taking whatever action it needs to take to find a solution for this, whatever it may be. If there's a list of businesses that do not need to go through DERM, then DERMneeds to establish those criteria and the list of businesses that don't need to go through DERM. They don't have that right now. And WASA is the same thing. If you're going to ask somebody to add on to their -- or extend their waterlines and the burden is going to fall on you, then what they should do is wait 'til additional businesses are around there and work it out where it's not that burdensome to people when you're hit with a 40 to $50, 000 to change your waterline. It just doesn't make any sense. And the only way that we're going to address that is by working together with all the cities and taking legal actions against them. I guarantee you that we'll get -- we'll come to an agreement with DERM quicker than WASA, and we are making progress working with DERMright now as we speak. That's why you need to come back and give us a final report as to did they agree that there're going to be certain businesses that don't need to go through that process. Mr. Toledo: Okay. Chair Sanchez: Okay? Mr. Toledo: I will report back, yes. Chair Sanchez: All right. That takes care of D1.2 [sic]. END OF DISCUSSION ITEMS City ofMiami Page 50 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 PART B: PLANNING AND ZONING ITEMS Chair Sanchez: Let's go ahead and take up -- Vice Chair Spence -Jones: D2? Chair Sanchez: -- let's take up -- no, no. We're going to do the Commission meetings [sic] last. Vice Chair Spence -Jones: Okay. Chair Sanchez: I mean, the Commission -- the blue pages last. Let's get through -- let's go to the PZ (Planning & Zoning) items -- PZ items were properly advertised for after 10 o'clock, for the record. At this time, what we want to do is anyone who will be speaking in front of this legislative body reference the PZ items, please register with the City Clerk and also you need to be sworn in; so Madam Clerk, all those that'll be testifying in front of the Commission on PZ items, please stand up, raise your right hand, and be sworn in. Priscilla A. Thompson (City Clerk): If you're speaking on any of the PZ items, I need you to please stand and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. PZ.1 09-00030 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS A DEVELOPMENT FOR THE MIAMI-DADE COUNTY CHILDREN'S COURTHOUSE, TO BE LOCATED AT APPROXIMATELY 112 NORTHWEST 3RD STREET, MIAMI, FLORIDA, WITHIN PARCELS E-2/P-1 OF THE "EXHIBIT C" TABLE 1, OF THE PREVIOUSLY APPROVED DOWNTOWN GOVERNMENT CENTER, DEVELOPMENT OF REGIONAL IMPACT (DRI) REACTIVATION PROPOSED REDEFINED PHASE II DEVELOPMENT PROGRAM, UNDER ZONING ORDINANCE 6871, AS AMENDED; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 51 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 09-00030 Zoning Map.pdf 09-00030 Aerial Map.pdf 09-00030 PAB Reso.pdf 09-00030 PAB REVISED Reso.pdf 09-00030 Binder Outside Cover.pdf 09-00030 Binder Inside Cover.pdf 09-00030 Table of Contents.pdf 09-00030 I.A. Letter of Intent.pdf 09-00030 I.B. Department of Zoning Referral for Public Hearing and Zoning Write Up.pd 09-00030 I.C. Supporting Documents.pdf 09-00030 I.D. Warranty Deed.pdf 09-00030 I.E. Zoning Atlas Map.pdf 09-00030 I.F. Government Center DRI.pdf 09-00030 I.G. Project Narrative.pdf 09-00030 II. Supporting Documents.pdf 09-00030 11.1. Traffic Impact Analysis.pdf 09-00030 11.2. Site Utility Study.pdf 09-00030 11.3. Economic Impact Study and Environmental Study.pdf 09-00030 11.4. Survey of Property.pdf 09-00030 11.5. Drawings Submitted.pdf 09-00030 URS Preliminary Comments.pdf 09-00030 CC Legislation (Version 2).pdf 09-00030 Exhibit A.pdf 09-00030 Exhibit B.pdf 09-00030 CC 03-26-09 Fact Sheet.pdf 09-00030 Exhibit C.pdf LOCATION: Approximately 112 NW 3rd Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Javier F. Avino, Esquire, on behalf of Miami -Dade County GSA R/E Mgmt-DGC FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to the City Commission on March 4, 2009 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow the construction of the Miami -Dade County Children's Courthouse. Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0162 Chair Sanchez: The judge is here? Maria J. Chiaro (Deputy City Attorney): Yes. The judge is here. City ofMiami Page 52 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Chair Sanchez: Where's the judge? Hey, judge. Come on up. We're going to take your item up -- come on -- while we wait. Judge, always a pleasure to see you. Welcome to our City Hall, our beautiful historic City Hall. We're going to -- a point of privilege, we're going to take PZ.1. PZ.1 is noncontroversial. That's the DRI (Development of Regional Impact), and that's on the Miami -Dade County Children's Courthouse, which we're all looking forward to. So -- Roberto Lavernia (Chief of Land Development, Planning Department): Yes, sir. PZ.1 -- Chair Sanchez: -- hopefully, it'll be very brief. Mr. Lavernia: Roberto Lavernia, with the Planning Department. This is the DRI for the downtown Government Center development of regional impact. This is not a Major Use. However, it was -- the process was exactly as a Major Use. The Planning Department put some conditions that I want to put on the records [sic]. Pursuant to design -related comments received by the Planning director, the applicant shall meet the following condition: A, provide for articulation to the perimeter wall of the judge parking area. Public art is encouraged along all wall that front public space or plazas. Please include an enlarged elevation drawing that defines area that will receive art or architectural articulation; B, continue to develop the landscape treatment along the parking areas to mitigate the presence of a large, blank wall facing the street; and C, submit a landscape plan and a cross-section of this area that illustrate how the wall will be screened by the proposed landscaping. At the Planning Advisory Board, there was - - May 4, the Planning Advisory Board recommended approval by the vote of 6-0, and the applicant accept the conditions that the Planning Department request. Chair Sanchez: All right. Madam Applicant, you're recognized for the record. Lucia Dougherty: Good morning, Mr. Chairman, members of the Commission. Lucia Dougherty, with offices at 1221 Brickell Avenue. Joining me this morning is Javier Avino, from my office, as well as Cindy Lederman, who is the administrative judge for the juvenile courthouse, as well as our architects from HOK (Hellmuth, Obata + Kassabaum) and Perez and Perez. HOK is represented by Duncan Broyd; and Danny Perez, from Perez and Perez. This is a wonderful project. You will hear a little bit about the existing courthouse, which is located at 27th Avenue, just south of 836. Our architects do courthouses all over the country, and they said this is by far the worst they have ever seen. So this is a long-awaited courthouse that needs to happen, and it's wonderful that it's coming to the City ofMiami in downtown essentially. Just to orient you, this is Flagler Street right here. This is the Miami Art Museum. This is the Dade County office building. This is the little daycare center immediately adjacent to it, and just north of it is the subject property. So if you were a juror, you would probably be parking in this area. If you wanted to go to the Dade County court -- Dade County office building, you come down 3rdAvenue and park in one of these parking lots. The Metrorail goes immediately adjacent to the property, and the existing -- the brand-new federal courthouse, just to orient you, is right here. So that's where it's located. This is a DRI that was first initiated or approved in 1987 and then reenacted in 1985 -- excuse me, 2005, for this courthouse. What we've identified in red here are the undeveloped portions of the DRI still to be done some time in the future, including the little daycare center, which is a one-story daycare center. With that, I'd like the architect, Duncan Broyd, to walk you through the project and sort of describe the wonderful public gestures that they've incorporated in this courthouse. Duncan Broyd: Good afternoon. Duncan Broyd, HOK, 1 Tampa City Center, Tampa, Florida. You said brief Chairman. We're very excited about the project. The judge will talk a little bit about their existing conditions, which are dreadful. The new building -- so the project is located on the site that Lucia talked about. What -- we have a great opportunity because it's central to the city; it's right by public transportation. We've respected that in the design. We can get to this building from many directions; Metrorail station here, Overtown Station up here; bus stop on the end of the site, which we're maintaining. We've developed the site so that, coming from City ofMiami Page 53 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 the Mefrorail, you've got an easy walk to the front door. We're connecting with the walkway that goes through the state buildings north that ultimately goes up to Overtown, the bus stop on the end. The County is in the process of looking at a parking garage on the site cattycorner. The City's building the garage opposite the federal courthouse, which is two blocks over. And the building actually extends the public park that is developed by Stephen P. Clark Center so that we have a public plaza out in front of the building. So the views of the building -- we've been working with Dick Rogers on the landscape design and working with the City and the public art program. The public art program on this project is significant. We've got five artists working in the building, inside and out. The wall that was mentioned in the guidelines -- requirements is this wall, which screens secure parking. Carlos (UNINTELLIGIBLE) is doing a tile installation on the entire length of the wall, so that'll be apparent from the entry of the building. Within the building, you walk through the front door. Mike Mandel is doing a three-story tile mosaic in that lobby. These photographs are actually taken locally. He works through the -- with the school system. A lot of shade in that public plaza for people outside of the courts building. And then the building as a whole, it being a children's court -- and I just want to make that point. A lot of people say why is it called a children's court not juvenile court. Unfortunately, people make the connotation that when it's juvenile, they say delinquent afterwards, but actually, more than 50 percent of the children served in this building are in dependency cases where they're the victims, so it's children's court. The other thing that's really nice about this project is that not only do we have the courts and the judges within the building, all the agencies that support the courts are located in the building, so if a judge says, you know, you need a drug counseling program, a school program, just go downstairs. It's all within the building. It's a sustainable building. We're on track for LEED (Leadership in Energy and Environmental Design) silver; a lot of work on a high-performance skin on the building, water -saving devices, the public transportation connection. You know, they're all there as part of the LEED program. And we are completing drawings. We're in the Building Department at the moment going through comments with them. We anticipate being out to bid in July this year with a potential start on site at the end of the year, maybe early next year. There's also some cleanup going up on site. The County is having - - there's a little bit of a problem in one of the corners. That is actually going to start in the next month or so to get the project underway. Chair Sanchez: Judge -- Judge Cindy Lederman: Thank you. Chair Sanchez: -- always a pleasure to have you here. Judge Lederman: Thank you. It's a pleasure. Chair Sanchez: You're recognized for the record. Judge Lederman: Thank you very much. I just want to take a few moments to thank you for your support of this project. Now where we are children almost exclusively from impoverishment and deprivation come into our courthouse, the courthouse that the Miami Herald has characterized as "The Dump," and a courthouse where we have churned offices into courtrooms, if you can call them that; storerooms into courtrooms. We're overwhelmed. It's just horrible. It's not what our community wants to say about the children and the families in our community. We don't want to -- we need better. We need so much better. And what we've done with this building, basically, it's a building -- decrepit building filled with compassion for children. So we've taken our compassion for children and -- the other thing I want you to realize is that we have worked for years on this model, on this design, on everything and the art. And this -- we are suggesting here is that we're going to be going from the worst courthouse in America to the best, and this is exactly what our children and families deserve, especially the families that come into the juvenile court. So I just want to thank you for your support. We're very excited about this. And we refer to this among ourselves as making this a destination courthouse. City ofMiami Page 54 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Chair Sanchez: All right. Commissioner Sarnoff What happens to the old courthouse? Ms. Dougherty: It is a State building. Right now the County leases it from the State, so I don't really know. Judge Lederman: And the detention center will remain where it is, in the existing property. Chair Sanchez: Right. All right. It is a resolution. It does not require a public hearing. Can we get a motion for approval and a second? Commissioner Sarnoff So move. Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: You have a sec -- okay. Chair Sanchez: It's moved by everyone and second by everyone. Vice Chair Spence -Jones: I just had -- I had some comments that I'd like to put on the record, Mr. Chairman. Chair Sanchez: Okay. Let's get a motion. It was proffered by Commissioner Sarnoff, second by the Vice Chair. The item is under discussion, and the Vice Chair is recognized for the record. Vice Chair Spence -Jones: Definitely, I welcome it to the City ofMiami. I just have just a couple of questions just 'cause I want to get some information. One, the funding for the project is already secured, correct? Everything has already been secured, right? And then what is the effective -- what is the start date on the project? Do you know? When do you -- when is the con Mr. Broyd: We still have to finish our drawings, get our permits, which we're working through. It will bid July -- go out to bid in July this year. It then goes through the process of receiving bids, and the County has to evaluate it. The target is the end of the year, maybe right after the holidays, to start construction. Vice Chair Spence -Jones: Okay. The reason why I'm -- I just wanted to at least have -- some way have you guys at least proffer or make a suggestion. As you know, jobs has been the biggest issue for all of us lately -- Mr. Broyd: Yes. Vice Chair Spence -Jones: -- and that's been the number -one thing that we've been trying to push to make sure that at least our citizens are put back to work. It's a big issue for us, and this, obviously, is going to provide a lot of jobs in the construction arena. Mr. Broyd: Yes. Vice Chair Spence -Jones: There's two things that I'd like to see happen from your perspective. The first thing is I know that from this City Commission we're working on putting an initiative together called Miami Works with the trade unions regarding apprenticeship -type programs. I would really love to see if there's a way that you guys could -- would proffer that we would have some sort of partnership with the City ofMiami's project and the trade unions apprenticeship City ofMiami Page 55 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 program to make sure this is a site also for people to go to work -- train people to go to work. That's one. And then the second part of that, Ms. Dougherty, is to the small contractors that are in our NDZs (Neighborhood Development Zones). We think it's exfremely important to keep those small businesses working, so that would be the other thing that would like for you to proffer. I think it's exfremely important to keep our smaller companies in our cities working. Ms. Dougherty: Well, I would love to proffer this, but this is a Dade County project, and so their competitive bidding and their rules will govern the building of the construction of the project, so we have very little control over -- Vice Chair Spence -Jones: Right. Ms. Dougherty: -- that. On the other hand, Dade County, as you know, has a minority and small business enterprise -- Vice Chair Spence -Jones: Right. Ms. Dougherty: -- program, so I assume that they're going to be required. We would be happy - Vice Chair Spence -Jones: Right. Ms. Dougherty: -- to tell them of your -- in fact, I suggest you pass another resolution after this one basically -- Vice Chair Spence -Jones: Yes. Ms. Dougherty: -- suggesting that to them. Vice Chair Spence -Jones: Okay. And the only reason I'm saying that -- not that want to even bring up the word `Marlins" in this chambers anymore, but one of the things -- the reason I'm asking you, Lucia, I know that one of the County Commissioners from that perspective is really pushing hard because of the job -related issues that are happening within our City and our County. We're really frying to make sure these smaller initiatives, you know, whether or not it be the small contractors portion, which ties into their existing DBE (Disadvantaged Business Enterprise) program, but it's expanded outside of that so that we really concentrate on the City -related businesses in the area. And then also, this is a new project, which is the training centers in the area that are going to be developed is a part of the City -- Miami's effort. I just would like for you guys to --I mean, we can pass a resolution to do that, but would like to have at least some sort of commitment or support from you guys saying that it's extremely -- Ms. Dougherty: We -- of course we'd support such a thing. Right. Vice Chair Spence -Jones: -- important for that to happen. Ms. Dougherty: We would support that, and we actually have -- because this was supposed to happen later, we advised everyone to come later, but Humberto Contreras is here. He is the manager of the GSA (General Services Administration) project management section, and maybe he could address some of your issues. Vice Chair Spence -Jones: Please. That would be great. Humberto Confreras: Good morning. My name is Humberto Confreras. I'm the project manager for the children's courthouse. City ofMiami Page 56 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Chair Sanchez: Could you do me a favor? Could you state your name and address again for the record, please? Mr. Contreras: I'd be delighted. My name is Humberto -- Chair Sanchez: Thank you. Mr. Contreras: -- Contreras. I work for Miami -Dade County, GSA, and I'm the project manager for the children's courthouse. And as I understand the discussion -- I apologize, just came in. We do have a process in the County that the A & Es (Architects & Engineers) follow, as well as the construction companies follow that have CBE (Community Business Enterprise) goals and all the due process that we go through in order to make sure the local firms have an opportunity to participate. Vice Chair Spence -Jones: Right. And I -- and we're -- from the City ofMiami's perspective, we're very aware of the process and how it happens and how it works. The only reason why I'm officially putting it on the record now is a lot of times those companies, the companies that exist within our districts, a lot of times they don't have -- get the opportunities that are -- that we'd like to see have happen. So I'm just putting it on the record that there's a special effort that's made, just like we've done for this other mega project that we just completed. We'd like to see the same level of effort -- because it's a lot of jobs that are going to come from this, and I'm sure all of us would like to see City ofMiami residents benefit from working on these projects. So that is the reason why I'm requesting for that to happen. And we can pass a resolution -- I support it 100 percent. That's not even the question. It's about -- it's just about making sure that our City of Miami people are working. That's really what it's all about. Mr. Contreras: We'll make sure. Vice Chair Spence -Jones: Okay. Chair Sanchez: Thank you. Anyone else? Commissioner Regalado. Commissioner Regalado: Just -- I think we voted -- Vice Chair Spence -Jones: Yeah. Commissioner Regalado: -- in 2004 in the GOB (General Obligation Bond) bond for this particular project, right? This is funded by GOB -- Mr. Contreras: Yeah. Commissioner Regalado: -- the bonds. Vice Chair Spence -Jones: I see a yes and a no. Commissioner Regalado: So we all pay. Vice Chair Spence -Jones: One said yes and one said no. Commissioner Regalado: I'm sorry? Vice Chair Spence -Jones: Somebody said yes and somebody said no. Rick Martinez: Hi. Rick Martinez. I'm from the courts. It's not part of the GOB dollars. It's court filing fee supported bond that was sold back in 2000. City ofMiami Page 57 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Commissioner Regalado: Oh, okay. Mr. Martinez: Yeah. Commissioner Regalado: I have heard that these are bonds, and I thought it was the GOB bond. Mr. Martinez: Bonds, but not GOB -- Unidentified Speaker: Right. Mr. Martinez: -- bonds. Commissioner Regalado: Okay. Because GOB bond, we all pay, so -- Mr. Martinez: Right. Commissioner Regalado: -- you know, they have to go by the guideline, but -- Mr. Martinez: Right. Commissioner Regalado: -- anyway, thank you. Mr. Martinez: You're welcome. Commissioner Sarnoff Exclusively lawyer filings. Commissioner Regalado: I know. Chair Sanchez: Anyone else? In closing, before we vote, let me just say that it is way overdue. I was a state trooper for 11 years, and many times I ended up at your facility, and it was a shame. It is not fitting for a great city like Miami. We're doing a tremendous injustice to all those that went to that facility. So I'm glad to see that we're going to go from worst to the best. So God bless you, and let's get that project done as quickly as possible. All right, it is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Thank you so much. Judge, always a pleasure to see you. Keep up the good work. PZ.2 09-00029zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 32, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS," BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "R-2" TWO-FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT FOR THE PROPERTY LOCATED AT APPROXIMATELY 4227 NORTHWEST 5TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 58 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 09-00029zc Analysis.pdf 09-00029zc Zoning Map.pdf 09-00029zc Aerial Map.pdf 09-00029zc Letter of Intent.pdf 09-00029zc Application & Supporting Docs.pdf 09-00029zc ZB Reso.pdf 09-00029zc CC Legislation (Version 2).pdf 09-00029zc Exhibit A.pdf LOCATION: Approximately 4227 NW 5th Street [Commissioner Tomas Regalado - District 4] APPLICANT(S): Gilberto Pastoriza, Esquire and Estrellita Sibila, Esquire, on behalf of American Welding Society, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on February 9, 2009 by a vote of 5-1. See companion File ID 09-00029xc. PURPOSE: This will change the above property to "R-2" Two -Family Residential with an "SD-12" Buffer Overlay District. Motion by Commissioner Regalado, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Chair Sanchez: All right. The Miami -Dade County Children's Courthouse we'll take up when the judge gets here. Vice Chair Spence -Jones: Right. Chair Sanchez: All right. Let's go to zoning change, which is FR (First Reading) -- sorry -- PZ.2. PZ.2 zoning change for 4227 Northwest 5th Street. Roberto Lavernia (Chief of Land Development): For the record, Roberto Lavernia, with the Planning Department. This is a zoning change to apply the SD.12 in -- the lot that -- with the address that the Commissioner's mentioned. It's lot for parking to the Welding Society that is on LeJeune Road, between 5 and 6. They want to have the ability to have parking. They -- at the north part of this lot, they already have parking that is grandfather in. The Planning Department recommend for approval and the Zoning Board recommend for approval by a vote, 5-1. Chair Sanchez: Okay. Mr. Lavernia: This will be in front of you as a special exception of SD-12 again. Chair Sanchez: All right. And that's PZ.2, correct? Mr. Lavernia: Yes, sir. Chair Sanchez: All right. It is an ordinance on first reading. Is there a motion? City ofMiami Page 59 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Commissioner Regalado: Move it. Chair Sanchez: There's a motion -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- by Commissioner Regalado, second by the Vice Chair. Before we open it up for discussion, it requires a public meeting [sic]. Basically, it's an ordinance on first reading; you will have an opportunity also on second reading. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed, and it comes back to the Commission. Any further discussion on ordinance on first reading, PZ.2? Commissioner Regalado: Chairman. Chair Sanchez: Yes, sir. Commissioner Regalado: Just for the record, the building faces LeJeune, and the -- what you have now is parking on 5th. Gilberto Pastoriza: Yes. Gil Pastoriza, 2525 Ponce. What you see crosshatch that shows R-2, that is existing parking -- Commissioner Regalado: Right, right. I know. Mr. Pastoriza: -- that was granted by reso (resolution). Commissioner Regalado: I know the place. What they're doing now is SD-12 -- Mr. Pastoriza: Yes, sir. Commissioner Regalado: -- which would require landscaping and a buffer and all -- Mr. Lavernia: All the conditions of the SD-12 will be applied. No access from the lot; only from the commercial part, a CBS (Concrete Block Structure) wall of six feet, twenty foot of setback on the front and landscaping, and irrigation and illumination will be required, too. Commissioner Regalado: Okay. The only thing that I really believe that we need is some lighting because, you know, that -- the building most of the time does not function during the night. Mr. Pastoriza: It doesn't. Commissioner Regalado: I know. But the residents in the area sometimes are complain of cars with undesirables parked, you know, somewhere, so if we can get some kind of light. It doesn't have to be like floodlights or anything, but some kind of lighting so people or police could see whoever is frying to get into the parking. Mr. Pastoriza: We will incorporate that when we do the SD-12 parking and then add -- Commissioner Regalado: Okay. Mr. Pastoriza: -- some lighting on the balance of the parking lot. Commissioner Regalado: Thank you. City ofMiami Page 60 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Chair Sanchez: All right. Any further discussion? Based on those conditions under the SD (Special District), all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: I'm sorry. Maria J. Chiaro (Deputy City Attorney): I need to read the ordinance. Chair Sanchez: It's an ordinance. Read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. Mr. Pastoriza: Thank you. Chair Sanchez: Okay. You're quite welcome, sir. PZ.3 08-01463ii RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) DENYING OR GRANTING THE APPEAL BY OSCAR FAMILIA, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING OR DENYING THE CLASS II SPECIAL PERMIT APPLICATION NO. 08-0138, ISSUED BY THE PLANNING DIRECTOR ON NOVEMBER 7, 2008, TO ALLOW A RESTAURANT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3484 MAIN HIGHWAY, MIAMI, FLORIDA. 08-01463ii CC Zoning Map.pdf 08-01463ii Aerial Map.pdf 08-01463ii Class II Appeal Letter.pdf 08-01463ii Class II Final Decision.pdf 08-01463ii Zoning Referral.pdf 08-01463ii Hold Harmless Affidavit.pdf 08-01463ii Plans.pdf 08-01463ii ZB Reso.pdf 08-01463ii ZB Appeal Letter & Supporting Docs.pdf 08-01463ii CC Corporation Document.pdf 08-01463ii CC Warranty Deed.pdf 08-01463ii CC Legislation (Version 3).pdf 08-01463ii CC Legislation (Version 4).pdf 08-01463ii Exhibit A.pdf LOCATION: Approximately 3484 Main Highway [Commissioner Marc David Sarnoff - District 2] APPELLANT(S)/APPLICANT(S): Oscar Familia, Representative, on behalf of City ofMiami Page 61 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Eclectic Developers, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and approval with conditions* of the Class II Special Permit. ZONING BOARD: Granted the appeal by Paul J. Schwiep, Esquire, on behalf of Karl and Barbara Lange, Abutting Property Owners, on February 9, 2009 by a vote of 5-1. *See supporting documentation. PURPOSE: The approval of this appeal will reverse the decision of the Zoning Board and allow a restaurant. CONTINUED A motion was made by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, and was passed unanimously, to continue item PZ. 3 to the Commission meeting currently scheduled for April 23, 2009. Chair Sanchez: We move on to PZ.3. PZ.3 is a Class II appeal? All right, let's take up PZ.3. Roberto Lavernia (Chief of Land Development, Planning): PZ.3 is an appeal -- Chair Sanchez: All right. Mr. Lavernia: -- to the decision of the Zoning Board. Chair Sanchez: The appellant goes first. Okay, you want to put something in the record. Mr. Lavernia: Yes. It was a Class II number 08-0138 that was approved on November 7, 2008. The Class II was with conditions; the applicant agree. It was appealed to the Zoning Board. The Zoning Board granted the appeal, and then the applicant of the Class II is the one appealing the decision of the Zoning Board in front of you today. Thank you. Chair Sanchez: Okay. Sir, you're the appellant? Paul Schwiep: No, sir. I am counsel for the Langes, who challenged the permit initially, and their appeal to the Zoning Board was accepted, so I'm not the appellant. I'm here in opposition to the appeal. Priscilla A. Thompson (City Clerk): I need -- Chair Sanchez: All right. Ms. Thompson: -- a name for the record. Chair Sanchez: Yes, sir. Usually, under this the appellant goes. Are we --? Maria J. Chiaro (Deputy City Attorney): The appellant needs to present -- Chair Sanchez: Yes. Ms. Chiaro: -- the appeal. Chair Sanchez: Okay. Is the appellant here? He's in the bathroom? City ofMiami Page 62 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Commissioner Sarnoff Had you not said that, we could have just -- you just blew it. Commissioner Regalado: Yeah. Commissioner Sarnoff You just afforded him due process. Chair Sanchez: All right. Sir, could you please put your name and address in the record, please. Mr. Schwiep: Yes. Thank you very much. Paul Schwiep, of Coffee Burlington, 2699 South Bayshore Drive, 33133. The basis for our appeal -- Chair Sanchez: No, no. The appellant has to go first. Mr. Schwiep: Okay. Chair Sanchez: We have to follow the procedures here. Ms. Chiaro: Where's the appellant? Chair Sanchez: You will have an opportunity -- you'll be afforded an opportunity to address the Commission, but we got to follow the procedures, so let's wait for him to get back or her, I'm not sure. Him? Okay. Chair Sanchez: All right. Let's get back to PZ.3. Vice Chair Spence -Jones: PZ.3. Chair Sanchez: PZ.3. Vice Chair Spence -Jones: Okay, so I'm assuming we're going to start this all -- this process all over again. So City Administration -- do we have --? Okay. We have the restaurant owner here now? Unidentified Speaker: Yeah. Vice Chair Spence -Jones: Okay. Mr. Lavernia: There was a Class II approved by the Planning Department with conditions on November 7, 2008. There was an appeal to the Class II that went to the Zoning Board. The Zoning Board granted the appeal, and then the applicant is appealing the decision of the Zoning Board in front of you today. Vice Chair Spence -Jones: Okay. Mr. Lavernia: That's the history. Vice Chair Spence -Jones: All right, so I guess we're going to open it up to the appellant. Going to give him a minute to organize. Oscar Familia: Good morning. Oscar Familia, for the record. I'm representing Eclectic Developers. I'm going to give you a brief history about this project; Mr. Sarnoff might know very well. Beginning with the process of the plan, we got approved for a interior restorative remodeling of the building, 3484 Main Highway. And we begin the demolition, the exterior demolition on February. At that time, we have a problem during the demolition. The building collapsed. Obviously, the problem beginning with the building have a lot of violations and all City ofMiami Page 63 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 the exterior walls was unsafe, was wood. It's not allowed by Code now. Okay, we suggest to the owner to make a, you know, brand-new building for the area, and they accepted. We moved forward and we submit the plans at that time. So we get a Class II Permit for that particular interior restorative remodeling. During the demolition, that happened, so we demo -- the building collapsed, so we had to do the total demolition. We got stopped by the -- City Code compliance went to the project, stopped us the work, so we had to go back to the drawing table and redo the plans and submit it as a new building. So that make us to go back and apply for another Class II, which is the one we want to talk about. This project has been long for one year already, a year and a half. So the Planning Department and Zoning Department reviewed this project very well, okay. For sure, we accomplished all the requirements, including new setbacks, parking issues, landscaping issues, height and also, you know, the design of the building. We get all suggestions from the Planning Department. We changed the project, and we approved the project. The Class II has been, you know, granted to us. We have a neighbor. We understand the position that they have. The problem is this building was rented to a very noisy rentals. They put a restaurant over there with music very loud, and they have so many complaints about the music. Obviously, it's an issue that we don't know how we can control except that, you know, the Code compliance go over there, measure the decibels and put a complaint on it. The Zoning Board granted, you know, the appeal of the neighbor of -- Commissioner Gonzalez: Let me ask you this. Mr. Familia: Go ahead. Commissioner Gonzalez: You say that there used to be a restaurant there -- Mr. Familia: I'm sorry. Commissioner Gonzalez: -- (INAUDIBLE). Mr. Familia: Yes, absolutely. Commissioner Gonzalez: (INAUDIBLE). Mr. Familia: Yes. Commissioner Gonzalez: Okay. Whatever establishment was there used to make a lot of noise. Mr. Familia: Yes. Commissioner Gonzalez: Okay. But according to what you're saying, the building was demolished. Mr. Familia: Yeah. Commissioner Gonzalez: So there is no business there now. Mr. Familia: No, sir. Commissioner Gonzalez: Okay. You are building the building -- Mr. Familia: Exactly. Commissioner Gonzalez: -- and you also are going to operate the business? Mr. Familia: No, sir. City ofMiami Page 64 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Commissioner Gonzalez: You're -- just the building? Mr. Familia: We're just building the building, yes. Commissioner Gonzalez: All right. And who's going to be -- Vice Chair Spence -Jones: In it. Commissioner Gonzalez: -- in it, the same owner that used to be before? Mr. Familia: Yeah. The same owner, but not the same -- Vice Chair Spence -Jones: Renter. Mr. Familia: -- rentals. Commissioner Gonzalez: Not the same -- Mr. Familia: No. Commissioner Gonzalez: -- operator? Mr. Familia: No, sir. Commissioner Gonzalez: All right. Thank you. Mr. Familia: By the way, we don't have any tenant right now. So the building is under construction. It's about 75 percent of the construction going on right now. We passed all the inspection, so we are okay with the City. And the thing is we came here to appeal the appeal that the neighbor, you know, make. And as you see, you know, what we tried to make a brand-new building, you know, the owner believe in the area. They want to make it, you know, nice and very, you know, pedestrian friendly, which is encouraged by the zoning corridor on Coconut Grove area. So we accomplished all the requirement by the Planning Department, Zoning Department, and Building Department, okay. There is five issues that the neighbor has about the project, four of them was accomplished. We met and -- several time, you know, work it out to find a solution about the problem. And what we suggest, for the record, is -- and the owner suggest that until we get a tenant, okay, we cannot make any compromise to the building for the new tenant. So until we get the tenant, then we going to sit down again and do whatever they want, like a design for abatement -- sound abatement or either, you know, the position or location of the speakers outside, whatever. So the owner willing to sit down at the time that we get a tenant with the neighbor and agree on something. That's the only problem that we have. Commissioner Regalado: Thank you. Vice Chair Spence -Jones: Commissioner -- Commissioner Gonzalez: Let me -- would you allow me? Commissioner Regalado: Sure. Vice Chair Spence -Jones: Commissioner -- Commissioner Gonzalez: Let me tell you. One thing that I don't understand -- and I have seen this happening in different neighborhoods and it happened in my district and it really drive me City ofMiami Page 65 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 crazy -- Mr. Familia: Okay. Commissioner Gonzalez: -- is these speakers placed outside businesses. I don't see the reason for it. If you -- and let me tell you. In the past, I owned three discotheques; Copacabana Supper Club, Riviera Supper Club, and Sweet Chateau Supper Club that is in Commissioner Regalado's district. We never had speakers outside the door to entertain the entire neighborhood or the entire county or the entire city. I mean, I think it's enough to have speakers inside your place and make sure that your building is soundproof so if you want to go crazy inside drinking and hear music to the highest volume, it's up to you. But you know -- but the neighbors doesn't have to deal -- ifI want to go to bed at 10 o'clock, there shouldn't be any reason why I can't do that because an establishment has a speaker going -- blasting until 3 and 4 a.m. in the morning. I mean, I think that's totally unjustified. So I don't know -- are you speaking on behalf of the owner of the property? Mr. Familia: Yes, sir. Commissioner Gonzalez: I don't know what kind of compromise the owner of the property -- and I don't know if they're ready to make a commitment here on -- as to what conditions he's going to impose on the new tenant or what kind of you know, quality life -- life quality control they're going to have in the building, but let me tell you, it's totally outrage [sic]. I have -- I've gone to places in my district that I go crazy. I mean, I go to a shopping center to buy something and the music, you know, can't let me think. So you know, if it is a bar district where all you have is, you know, warehouses full of bars and they want to, you know, blow their speakers, that's fine because there are no neighbors, but wherever you have a neighborhood and you have people that get up in the morning and go to work and do a normal life, I mean, there's no reason why they should be exposed to all of this. That is my comment. Vice Chair Spence -Jones: Commissioner Gonzalez, I just want to make sure we, I guess, keep all things in order. I know you have a comment, Commissioner Regalado, but I don't know if we want him to finish and then allow for him to respond. Commissioner Regalado: I just want to -- Vice Chair Spence -Jones: You have a comment. Commissioner Regalado: Thank you. Vice Chair Spence -Jones: Okay. I'll go 'head [sic] -- I'll yield to you for that. Commissioner Regalado: Thank you, Madam Chair. Well, I just think that, number one, outside speakers are illegal, so that's not the issue because, according to the noise ordinance, you will be arrested ifyou have some decibels more than those allowed, so outside speaker -- but what I don't understand is that you're saying that you will wait to get a tenant in order to reach an agreement with the resident, but you will proceed building the site. Now there are ways to build that are soundproof and I don't know if you're doing that, or I don't know if you're going to wait for the good faith of the new tenant not to have noise. But buildings are built with soundproof safeguards, and they do that all the time. It's just about the way that the balconies are done, the wind direction, the windows, the doors, the entrance, the exits. So what I don't understand is that why don't you build, thinking that you're going to get any tenant, a building that is soundproof and then you don't have any issues with the residents. That's all that there is to it. Mr. Familia: Okay. Let me finish my present -- City ofMiami Page 66 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Vice Chair Spence -Jones: Okay. If you could finish your presentation, and then -- Mr. Familia: Yes. Vice Chair Spence -Jones: -- we're going to give it to counsel. Mr. Schwiep: May be recognized? Vice Chair Spence -Jones: I want to make sure I have some level of control, so let him complete - Mr. Familia: Yeah. Let me finish. Vice Chair Spence -Jones: -- and then you can -- Mr. Familia: Thank you. Vice Chair Spence -Jones: -- respond. Mr. Familia: Thank you. Let me answer you first, Commissioner. I agree with you and your concern, but obviously, it's not written in the Code saying (UNINTELLIGIBLE) limited a tenant - - I mean, a building to have or not speaker outside. What you have to control is the decibels outside the building. Most of the building in Coconut Grove area, okay, have a speaker outside. So what they can have is direction of the speakers, so direct the sound, where it's going to go. To answer Mr. Regalado -- Commissioner Regalado question is yes, we building a soundproof building. We have a CBS wall, fire and soundproof (UNINTELLIGIBLE) outside, okay, and we have a impact -resistant window, which is reduce totally the noise outside. The neighbor concern is because what we proposing is a building pedestrian friendly. We have -- most of the front of the building -- I can show you the floor plan and also the elevations. Vice Chair Spence -Jones: Commissioner Sarnoff where exactly is this? I'm trying to figure out where this building is. Commissioner Sarnoff You know -- do you know where -- Mr. Familia: Next door to Senor Frog. Commissioner Sarnoff -- Senor Frog's used to be? Vice Chair Spence -Jones: Oh, Senor Frog is not there anymore? Commissioner Sarnoff Right. Mr. Familia: Next door. Next -- Commissioner Sarnoff Right next door. Mr. Familia: -- to the building -- Vice Chair Spence -Jones: Oh, okay. Mr. Familia: -- Senor Frog. Vice Chair Spence -Jones: Is this by the Coconut Grove Playhouse? City ofMiami Page 67 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Commissioner Sarnoff Yeah, a little -- Mr. Familia: Yeah, in between. Between -- Commissioner Sarnoff One block. Mr. Familia: -- Green Street and the Playhouse. Vice Chair Spence -Jones: Okay. Mr. Familia: Right there in the middle. Vice Chair Spence -Jones: Okay. Mr. Familia: As you see here, we proposing in the front of the building sliding doors that create the environment which is very -- I mean, regular in Coconut Grove. The people want to go in and out. They don't want to have a restaurant just enclosed, okay. That's what we proposing. Obviously, the neighbor concern about if we going to have this open certain time or later at the night and allow the noise going out, obviously, there has to be a certain time that the tenant has to be -- close the door. Maybe -- I don't know, 8, 10 o'clock, whatever, but we don't have any tenant, like I said in the beginning. So we just building and -- the building and we waiting for the tenant to come over and rent the place, and we don't know what kind of tenant we going to have. Maybe we going to have a sushi bar, or maybe we can have a store instead of restaurant; they going to change the use. So we don't know what kind of tenant. Obviously, we building a restaurant because in the past we have a -- the, you know, restaurant. Vice Chair Spence -Jones: Yeah, a kitchen, okay. Mr. Familia: Okay. So we proposing same size of building with the same number of seats to get, you know, the liquor license and all that. So all these door are impact resistant. It's going to be -- I mean, soundproof. And the exterior walls is soundproof. We're going to have sound installation also and soundproof interior, so all that is going to be accomplished. The building is going to be soundproof okay. The thing is, the speaker outside, which is the concern of the Commissioner, is -- we don't know what kind of tenant we're going to have, so what we propose is wait until we get a tenant, and then we sit down again with the neighbor and we prepare any, you know, abatement plan. Vice Chair Spence -Jones: Okay. You finished? Mr. Familia: Yes. Vice Chair Spence -Jones: Okay. Counsel. Mr. Schwiep: Thank you so much. Paul Schwiep, on behalf of the Langes. We were the appellants before the Zoning Board. I guess that makes us the respondent here. I think what I just heard the appellant say is that it's the nature of the tenant that should dictate how noise is handled at the property. And what we would suggest is that, in fact, it should be the nature of the neighborhood that should dictate the noise plan. We did appeal the issuance of the Class II Permit, and our appeal was accepted by the Zoning Board. The Zoning Board set aside the permit, and it did so for a number of reasons, including the concerns that were raised initially in the neighbor's appeal about noise. After the permit was vacated, we had an opportunity to meet with Mr. Familia, and what we suggested -- and I thought we had agreement -- was that the applicant, the appellant, would prepare a noise abatement plan. And in requesting a noise abatement plan, Ms. Vice Chair, we weren't asking for anything other than what's been requested of other businesses in the area. Cefalo's has a noise abatement plan. In this case, the City ofMiami Page 68 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Planning Department actually had requested that the applicant provide a noise abatement plan, so that's what we suggested. We said there's an easy way of resolving this, and we would be able to join you in your appeal before the Commission if we can just get a noise abatement plan in place. Mr. Familia was very amenable to that. We exchanged the names of acoustic experts that we could work with together to try and come up with something that would address the issues in a way that everyone would be comfortable with, and then that plan was nixed by the owner, who is notMr. Familia. And the owner's rationale was, well, we don't know who the tenant will be yet, and we don't want to limit our ability to do whatever whatever tenant we end up with wants to do on that property. And what we'd submit is that that's not the way this should occur, that there should be a decision made about what noise would be appropriate, and then whatever tenant comes into the facility should be required to comply with that. We're really trying to deal with this proactively in a way that avoids the disputes down the road. In this case, there are many neighbors who are concerned about it because the history of the property has had noise violations in the past. In fact, there are outstanding noise violations there now. The neighbors do believe that a restaurant use of that property is completely compatible. In fact, the neighbors want to be good neighbors. I mean, this could be an asset, but they just want to avoid any problems that are going to -- that could potentially arise with regard to noise now. So what we would request is that the appeal be denied and that the applicant then be required, which they would, to apply for a Class II Permit again and allow us at that point to do what the Planning Department had suggested all along should be done, is arrive at a noise abatement plan. And we've provided, actually, the applicant with the noise abatement plan that's in place for Cefalo's -- I think it's called something else now -- Vice Chair Spence -Jones: Yeah. Mr. Schwiep: -- and let that become a condition of the permit. Vice Chair Spence -Jones: Okay. Can I just ask --? Are you complete? Have you completed? Mr. Schwiep: Yes. Vice Chair Spence -Jones: I just want to just see, by a show of people in the audience the people that are here against the project. I'd just like to see them stand for a minute. Okay, just -- those that are -- and the ones that are for -- supporting it? Okay. I was just curious. So you're finished, right? Mr. Schwiep: Yes. Unless -- Vice Chair Spence -Jones: Okay, 'cause I'm getting ready to bring it back to the -- Mr. Schwiep: -- the Commission has any questions, yes. Vice Chair Spence -Jones: Okay, no problem. I do have -- before I bring it back to the dais, I'm going to turn it over to the district Commissioner to handle it. So you're not the owner of the facility, at all? Mr. Familia: No. Vice Chair Spence -Jones: And what he has just stated on the record, I mean, you were in agreement to a noise abatement plan -- Mr. Familia: Yes. Vice Chair Spence -Jones: -- correct? City ofMiami Page 69 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Mr. Familia: Um -hum. Vice Chair Spence -Jones: But the owner is not. Is that a true statement? Mr. Familia: My statement from the owner is that we can have -- later on, when we get the tenant, sit down and prepare the abatement plan. We don't have a tenant. Vice Chair Spence -Jones: Yeah, but what happens if we vote and approve on it now without that noise abatement plan and --? Mr. Familia: No. It can be approved with, you know, the condition that until we get the tenant, we get abatement plan. Vice Chair Spence -Jones: So that is -- that's your -- that's -- this is your recommend --? Mr. Familia: Yes. Vice Chair Spence -Jones: Are you okay -- Mr. Familia: That's my suggestion. Vice Chair Spence -Jones: -- with that recommendation? Mr. Schwiep: No. We think the noise abatement plan should be part --- Vice Chair Spence -Jones: Should be put in place -- Mr. Schwiep: -- and parcel of the permit. It should be a condition of the permit, and that will provide whatever tenant comes to the property in the future with some guidance about how they need to handle noise, as opposed to the tenant dictating to the neighborhood -- Commissioner Gonzalez: Well -- Mr. Schwiep: -- how they want to handle noise. Commissioner Gonzalez: -- but ifI understand correctly, what he meant -- what he said was just that. He wants the permit to be conditioned to the nuisance -- to the noise abatement plan, right? Mr. Familia: Yeah. Commissioner Gonzalez: Is that what you said? Mr. Familia: Correct. That's correct. Until we get the tenant. Commissioner Regalado: No, no. Commissioner Gonzalez: No, no. Commissioner Regalado: Can I --? Commissioner Gonzalez: Yes. Go ahead. Vice Chair Spence -Jones: Okay. You guys are finished, right? So -- City ofMiami Page 70 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Mr. Familia: Yes. Vice Chair Spence -Jones: -- I'm going to bring it back to the Commission, and I'm going to first defer to the district Commissioner first to make sure that -- are you okay, Commissioner Sarnoff with them responding, or do you want to --? Commissioner Sarnoff No. I'll yield to -- Vice Chair Spence -Jones: 'Cause I'm sure you have some -- Commissioner Sarnoff -- Commissioner Gonzalez. I'll yield to Commissioner Regalado. Vice Chair Spence -Jones: Okay. Commissioner Regalado, I'm sorry. Commissioner Regalado: Okay. I still don't understand why the noise abatement cannot be done now. That's all. Because why do you need to --? Well, if the sushi guy comes in, well, maybe during Japan's independence, they have a big party with drums and everything. Or if they have a store, a Disney store, maybe you have a Mickey Mouse parade and it makes noise. The fact of the matter is that you can build a building with a noise abatement project. It's been done throughout the United States. I don't understand what is the problem that you have to wait for the particular tenant. So that's all I wanted to say. It's -- to me, I -- it's very -- this is a very simple thing, but that's it. The area Commissioner -- Vice Chair Spence -Jones: Commissioner Gonzalez. Commissioner Gonzalez: Commissioner Sarnoff, I just have another concern. Can we -- Lourdes, can we impose the condition of the noise abatement plan on the issuance of the -- oh, Madam City Attorney. The question should be directed to you. On the -- could it be conditioned on the issuance of the -- Ms. Chiaro: CU -- Commissioner Gonzalez: -- CU? Ms. Chiaro: -- the Certificate of Use. Commissioner Gonzalez: Or -- yeah, CU. Ms. Chiaro: Yes. In fact, when -- Commissioner Gonzalez: Instead of the consfruction because, actually, one thing that I'm having a problem with is that the City issued two Class II Permits to build this building, and now that the investor invested his money and started consfruction and in the middle -- you're constructing now, right? Mr. Familia: Yes, sir. Commissioner Gonzalez: The building is being erected right now, right? Mr. Familia: Yeah, 75 percent. Commissioner Gonzalez: Now we decide that we're going to stop the building until we get this noise abatement plan. That's where I have -- and I'm not an attorney. That's why I'm directing the question to you. -- my doubts. You know, I could see that the building could be finished and then condition the Certificate of Use on the noise abatement plan. You don't have a noise City ofMiami Page 71 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 abatement plan, you don't have a business, you don't have a restaurant -- Mr. Familia: Exactly. Commissioner Gonzalez: -- or you don't have a bar or you don't have a cafeteria. You might have a flower shop, or you might have a dress shop, or you might have an attorney office or a dental office or whatever, but you're not going to have a restaurant unless you bring me a plan that the City accepts. I don't know. That's my concern, and I hope you understand me, Commissioner Sarnoff, because I'm not a lawyer, but you know, I'm debating between two thing. I agree 100 percent on the issue that some controls need to be put in place to protect the neighborhood, but at the same time, I don't want to violate the rights of the property owner to build a building, not to operate a restaurant, not to operate a bar, not to operate -- but to build a building. That's what I have my debate inside me. Vice Chair Spence -Jones: Okay. I'm going to turn it over to Commissioner Sarnoff. I just have one question. So -- just so that I'm clear, Lourdes or either one -- so there's nobody working in the building right now? Is there anything -- is there any construction happening in the --? Mr. Schwiep: No. The permit was vacated -- Vice Chair Spence -Jones: Okay, but -- Mr. Schwiep: -- as of February. Vice Chair Spence -Jones: -- so had they started on the building? Mr. Schwiep: They started on the building. The vacation of the permit by the Zoning Board -- it was -- the permit was set aside, so they ceased construction, and construction is not occurring at the present time. Vice Chair Spence -Jones: But it was at one particular time? Mr. Schwiep: They did start, yes. Vice Chair Spence -Jones: Okay, just -- can I ask you --? And this has absolutely nothing to do with it, butt just want to be clear. How many people were actually working on -- from the --? I'm on this work thing, this job thing right now, as you can see. How many people were actually working to do the construction of the building? How many people did you have working onsite? Mr. Familia: Today? Vice Chair Spence -Jones: No, not now -- Mr. Familia: Okay. Vice Chair Spence -Jones: -- before it stopped. How many people did you have onsite working during construction? Mr. Familia: Six to eight people. Vice Chair Spence -Jones: So six to eight people were actually going to work everyday to construct -- Mr. Familia: Um -hum. City ofMiami Page 72 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Vice Chair Spence -Jones: -- the site? So right now they're not working? Mr. Familia: Exactly. Vice Chair Spence -Jones: Okay. I'm going to turn it over to Commissioner Sarnoff. Commissioner Sarnoff Well, first place, what you want to do is put them in a position of being flexible. And just so you know -- and I'm not going to bring this up because Oscar's a nice person, but there's a little bit of history to this project that we're not being told, such as demolishing a building without a permit and a number of other things, but now is the time when they have the flexibility to put in place -- you're right, Commissioner. If it's a flower shop and let's say they put -- I mean, what are we talking about? The same CBS block wall is going in there. The same insulation is going in there. We're really talking about are they going to put hurricane proof windows, which really contains your noise, 'cause we're not that sophisticated down here. That is the question. They haven't put all your windows in yet. You can certainly do that at this juncture, and the question is flexibility. I think this Commission -- and I'm not going to, as they say, seize defeat from the jaw of victory -- seems concerned that this particular venue is directly across the street from (UNINTELLIGIBLE) and a number of other reasonably expensive Grove homes that are in a reasonably secluded area that if you put outdoor speakers, those speakers are going to go directly into their homes. I'm embarrassed to say that the City Manager and myself [sic] have spent more time on Grove noise ordinances -- Grove noise issues than we care to. I'm embarrassed to say that every time there's a noise problem, we lose two police officers in Coconut Grove on patrol while they either go to that noise problem, that establishment, and that means that two less police officers are patrolling what think are good taxpaying citizens, and you could almost correlate the crime increase to the lack of policing. And I have a great Grove commander, Commander Jorge Martin, who is very proactive on quality of life issues and will continue to be proactive on quality of life issues. But think about this. Think about if this was the Allapattah business district or, Commissioner Spence -Jones, if this was the Design District, and you had a persistent noise problem and two of your police officers, two times a week, had to go to an establishment -- and we have two establishments in the Grove -- one of them, last week, was up to its 66th call from Christmas. Sixty-six times two police officers were pulled off the street so that they didn't protect the Center Grove, so that they didn't protect the North Grove, so that they didn't protect the South Grove dealing with a person who was asked to please turn down the volume, and that person, on a number of occasions, said no. So we know self -policing doesn't work. So what we're talking about now is flexibility, and flexibility to require them to put in place a noise abatement plan at the construction stage so that if, in the event they wish to have -- forgive me, but it was sort of like a Tex Mex, or you had Senor Frog's, I think, next door to you, if they wanted to come back, you wanted to have music -- everybody in the Grove -- the Grove business is actually doing pretty well for restaurants. I think it's up, on average, 20 percent. And you know, my hat's off to the Grove businesses. I think Pete Hernandez and myself [sic] have worked very hard to make it much more of a restaurant venue that allows for entertainment. The question becomes how do you contain your noise? Can you contain your noise and allow some of that noise to come outside 'cause it appears to me that you're building some sort of an overhang structure, which I assume is going to be tolerant of and invite people to have outdoor seating, correct? Mr. Familia: Correct. Commissioner Sarnoff All right. So when you have outdoor seating, it usually means you're going to have some sort of music out there. I hate to say this, but again, the City Manager and I learned more than we cared to learn about with speaker systems, and we have a new place coming into the Grove called Crazy Pianos. And Crazy Pianos taught us everything we didn't want to know about speaker systems, but that you can have a thousand little speakers -- and I'm being facetious, but significantly, a lot of speakers -- versus three big boom boxes which cannot contain noise. So we learned that you can be proactive, especially at the building stage, and City ofMiami Page 73 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 contain your noise and attenuate that noise. This is not an either/or situation. This is a how-to situation. How do we become good neighbors in neighborhoods? I am sure the (UNINTELLIGIBLE) folks, I'm sure Barbara Lange, I'm sure Cathy Komis, I'm sure the Sieglers would love to go to your new restaurant -- if it is a restaurant, or whatever it is you build there -- and enjoy what you're doing out there, but when they leave and go home and should they choose to go home at 10 or 11 at night, that they can sleep, and that's the contention. So I want this Commission to know, it's not just simply the noise. It's the effect that that noise has on our policing. And this is a problem that we're having throughout the Grove because we're pulling police officers left and right out of neighborhood patrol because the rule is you don't send a police officer into a bar establishment alone. He's got to go in with a second police officer. And this is a problem I think the City Manager is well on top of. We have two other establishments in the Grove, outdoor speakers. We were promised they were going to -- Pete and I call it the "Crazy Piano solution," which is numerous speakers that are low -volume speakers that don't project. They contain it so that you can actually have a conversation. I don't know what you're going to put in there. You could put a discotheque in there. You could put a very quiet facility in there, a nice dinner club. You could put a flower shop in there, but now's the time to build it so that you can contain whatever noise you have inside and any speaker you put outside, you've got to demonstrate to that City administration containment. So I hear what you want, which is let me decide what my tenant wants, but now is really the time to do it. Now is the time to get those windows. Now is the time to put whatever overhang -- just depending upon what type of overhang you put there in terms of what kind of canvas you put in will contain some of your noise. Now's the time you do it, not when you go out and you hire or you lease it to -- let me just use somebody that's had a business -- Senor Frog's because they want to come back to the Grove. So, you know, I hear what you're saying. I appreciate what you're saying. I think there is a compromise here. I think this is something that can be worked out, butt want to put the obligation on you now when you're in that 75 percent build stage to fix the problem, to make it flexible so that -- you're right. Maybe you -- if you only get a flower shop in there, you did -- you put some nice windows on for that flower shop. Butl suspect what you're going to get in the Grove, especially your location, you're probably going to get a restaurant. I'll bet you $20 today that you build a kitchen facility or something large enough to be a kitchen facility. Vice Chair Spence -Jones: Let's not bet on the record though, okay? Anything -- Mr. Schwiep: Can I offer one --? Vice Chair Spence -Jones: -- else, Commissioner Sarnoff you have -- do you want to add? 'Cause I know Commissioner Gonzalez has -- You have anything else you want to add? Commissioner Sarnoff No. I'll yield. Vice Chair Spence -Jones: Okay. Commissioner -- Commissioner Gonzalez: I do have another question. Are you a business partner on this property -- on the ownership of this property? Mr. Familia: Not at all. Commissioner Gonzalez: Or you're just a builder? Mr. Familia: Just a builder. Commissioner Gonzalez: Okay. One concern that have is that -- and I don't know the circumstances, and that might be -- there may be strong reasons why it's not happening, but ifI were the owner of this property, I'd be here myself. And I'd be here myself not only to answer to the questions that the Commissioner of the district might have and the other Commissioners City ofMiami Page 74 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 might have, but also to be able to enter into a compromise that might solve my situation. I believe that -- because right now, you can't commit to come up with a noise abatement plan because you have to consult with the owner. Mr. Familia: No. No, no, no, no. That's why I'm here because they believe that my -- Commissioner Gonzalez: So you have carte blanche -- Mr. Familia: Yeah. I have the permission to --I mean, agree with you, the Commissioner, in whatever has to be done. Commissioner Sarnoff Isn't the simplest thing for us to do to give you 60 day -- Commissioner Gonzalez: That's what I was going to -- Commissioner Sarnoff -- a continuance? Commissioner Gonzalez: -- suggest because we -- Mr. Schwiep: Yes. That's what I was going to suggest. Commissioner Gonzalez: -- can either kill it now -- we can either deny it now, okay, which I personally don't want to do that. I want to give you a second chance. I want to give you the opportunity to finish the building -- Mr. Familia: Okay. Commissioner Gonzalez: -- to find a good tenant for the neighborhood, to find a good neighbor to the neighborhood to create whatever amount of jobs, three, four or five, ten jobs, okay, very well needed in this community, but I also want to protect the neighborhood. So I think the best thing is what you're suggesting, Commissioner. Chair Sanchez: All right. Commissioner Gonzalez: Give you a 60-day extension. Make sure that you can get -- or maybe, if you want to do it sooner, let's say 30 days because I'm sure that you are eager to continue with your construction. Maybe 30 days, come back with the owner or with an affidavit from the owner where it authorizes you to enter into a compromise with the Commission -- the district Commissioner, and then, you know, all would be said and done. Do you want to do that? Ms. Chiaro: Mr. Chair -- Commissioner Gonzalez: You want an extension? Yes, ma'am. I'm sorry. Ms. Chiaro: I'm sorry. Chair Sanchez: Madam Attorney. Ms. Chiaro: It is within the purview of this City Commission to impose the condition on the building permit, so you can -- Chair Sanchez: So we can vote -- Ms. Chiaro: -- do it and then tie the -- any noise abatement plan to approval so a reinstatement happens when the noise abatement plan is then presented so that you don't tie up -- not that this City ofMiami Page 75 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 is Legal and I'm changing hats through the Chair -- but that -- so that you don't tie up this for -- Commissioner Gonzalez: Okay. Ms. Chiaro: -- an additional 60 days. Chair Sanchez: All right. Although I was not -- Commissioner Gonzalez: Now it's in -- Chair Sanchez: -- present, I was watching -- Commissioner Gonzalez: -- your hands. Chair Sanchez: -- this on -- in my office. I think the appropriate thing to do here is -- as the City Attorney stated very clearly, we could impose the noise abatement plan on this -- on the Class II. We could do that right now without waste -- having to wait for 60 days. I mean, once -- the arguments that have been made here on the Commissioner, he's, you know -- the neighbors and the businesses have to live together and work together, but, you know, we have to protect the residents that live close by that, you know, for quite some time, have had to put up with a lot of noise in -- Mr. Familia: We understand. Chair Sanchez: Okay. And listen, you want to be a good tenant, and once again, I'm sure everybody wants to go to -- and I do agree with the Commissioner. It's got to be a restaurant because you have the facility for a restaurant. It's just -- Mr. Familia: Yes. Chair Sanchez: -- a good facility for a restaurant. You know, the residents probably, being amicable and working with you, are probably going to be your best tenants -- I mean, your best clients, hopefully, if the food is good -- Mr. Familia: Yeah. Chair Sanchez: -- which it probably will be. All right, so Commissioner, why don't you make a motion. I'm not asking you to make a motion. If you want to impose the noise abatement plan on the special -- Commissioner Gonzalez: I will be following your lead on this. I just made a suggestion, but I will follow your lead on this. Commissioner Sarnoff Yeah. Let me just -- Mr. Familia: Can I say something? Commissioner Sarnoff Sure. Mr. Familia: We going to be accomplish what the Commission decision is, but what we want is continue the building. Commissioner Gonzalez: All right. Mr. Familia: So if you would allow us to continue doing the construction and we came out with City ofMiami Page 76 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 abatement plan, we willing to -- Commissioner Sarnoff Well, see, this is how I see it. Mr. Familia: Okay. Commissioner Sarnoff The next five days -- in the words of Commissioner Spence -Jones, she wants to get those six people back to work as soon as possible -- you come up with a plan. There's a lot of motivation for you to come up with a plan. That plan should be acceptable to the City Administration so that -- Chair Sanchez: Attorney. Commissioner Sarnoff Let me just say this. Because let's even assume for a moment, economy isn't good and you decide to put a flower shop in there, but a year later, you decide to put a discotheque in there. Mr. Familia: It's not allowed. Chair Sanchez: Not allowed. Commissioner Sarnoff Well, my point being -- Mr. Familia: A bar is not allowed. Commissioner Sarnoff You're right. Well, you know what? I've actually read some of our codes. I could cram a tavern into something, convert a few things, and the next thing I know, I have what I would call an outdoor cafe with a lot of loud music, but that's another issue for another day. It's no guarantee that the first thing you put in there is what's going to be there for the next three to five years, so I want to make sure that you have your noise abatement plan. I want to make sure it's acceptable. Is it okay to say Lourdes Slazyk or her capacity? Mr. Schwiep: We would -- the neighbors would like an opportunity to participate. Commissioner Sarnoff Work in concert with the neighbors. Mr. Schwiep: And by the way, in terms ofjobs, I mean, we -- this was something we've been trying to accomplish even before we came before the Zoning Board. The permit would have never been set aside if the owner had just agreed to a noise abatement plan. Commissioner Sarnoff And that's why I said to them this has -- Mr. Schwiep: The owner wouldn't agree, and is still -- Commissioner Sarnoff -- a long history. Mr. Schwiep: -- not agreeing unless it's in public, but we'd like an opportunity to -- Commissioner Gonzalez: That's water under the river [sic] now. Now we have to address the issue that we -- Mr. Schwiep: Yeah. Commissioner Gonzalez: -- have at hand now, not what happened in the past. City ofMiami Page 77 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Commissioner Sarnoff Well, I'll welcome the Administration's input on how you would phrase this. I do want to get the citizen involvement, though. Mr. Schwiep: I would think 30 days would be more than enough time to work out something. Commissioner Sarnoff You want to just do a continuance? Mr. Schwiep: That's what I would prefer, Commissioner, that we get a deferment for 30 days, or as short as possible time to allow us to come together on a noise abatement plan, neighbors and owner and Mr. Familia, and then we would be supporting the appeal. That's what we have been attempting to accomplish even before we were before the Zoning Board. Let's work this out. Commissioner Sarnoff All right, so I'll support that motion. So I'll make that motion. Chair Sanchez: All right, there's a motion for a 30-day continuance. Hopefully, you'll be able to work it out and come back with an agreement on this. Commissioner Sarnoff I think the City Manager wants to -- Chair Sanchez: All right, City Manager. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, you know, the concern is basically the work stoppage. I believe that a noise abatement plan can be produced within the next five days. The Administration can review it. The Administration can actually report to the City Commission on April 2, which is a week from today. Commissioner Sarnoff How do I -- but suppose you approve it, Mr. Manager, but supposing the folks -- the citizens say it doesn't work? Shouldn't this Commission be aware of their concerns? Mr. Hernandez: Definitely. We would -- we should have the plan within the next five days. We will discuss the plan with the appellant, and we will advise the City Commission on the 2nd, which is a week from today. Chair Sanchez: If they're all in agreement, including with the residents? Mr. Hernandez: The idea would be to have a plan that the community can be, you know -- Commissioner Sarnoff But what if the -- Mr. Hernandez: -- supportive of. Commissioner Sarnoff -- residents are not in agreement with your plan? How do we address - _? Mr. Hernandez: I would then -- I would report that to you on the 2nd. Commissioner Sarnoff So what would the motion be? Ms. Chiaro: It's a denial of the appeal -- Mr. Hernandez: Right. Ms. Chiaro: -- condition the building permit upon an acceptable noise abatement plan, based on the report from the City Manager to the City Commission. And the City Manager has just given you his word -- City ofMiami Page 78 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Commissioner Sarnoff I got that part. I understand. Now how do I get the residents involved? Now supposing Mr. Schwiep comes to us and says the Manager thinks 120 decibels is okay in my living room? Mr. Hernandez: Commissioner, we will reach out to the attorney to -- Commissioner Sarnoff No. I got what you'll do. How do I get them involved so they can come to me, their district Commissioner, and say this is not acceptable? Ms. Chiaro: Well, I -- Mr. Hernandez: My plan would be to, once I get the noise abatement plan, we'll review it internally. We'll contact the appellant, and we'll advise you, before the item is discussed here on the floor, as to what the situation is. Commissioner Sarnoff So it is coming back to us? Mr. Schwiep: What -- that's what we would request, that it come back to the Commission, that way -- Commissioner Sarnoff I'll tell you what -- Schwiep: -- if there are any issues -- Commissioner Sarnoff -- here's what I'm going to move. I'm going to move for a 30-day continuance. Chair Sanchez: All right. There's a motion. Is there a second? Vice Chair Spence -Jones: Second. Chair Sanchez: Second by the Vice Chair. No further discussion on the item. All in favor, say "aye. The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Well see you back here in 30 days. Hopefully, we could have an amicable agreement, and we can move forward. Mr. Familia: All right. Thank you very much. Chair Sanchez: Thank you. Thank you so much. PZ.4 09-00019za RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) DENYING OR GRANTING THE APPEAL BY AMANDA L. QUIRKE, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY UPHOLDING OR REVERSING THE ZONING ADMINISTRATOR INTERPRETATION DATED DECEMBER 8, 2008, REGARDING A PROVISION CONTAINED IN SECTION 10.4.5, OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "OUTDOOR ADVERTISING SIGNS; NEW SIGNS OF OUTDOOR ADVERTISING PROHIBITED", FOR THE PROPERTY LOCATED AT City ofMiami Page 79 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 APPROXIMATELY 1700 SOUTHWEST 3RD AVENUE, MIAMI, FLORIDA. 09-00019za CC Appeal Letter & Supporting Documents.pdf 09-00019za Aerial Map.pdf 09-00019za ZB 02-09-09 Backup Documents.pdf 09-00019za CC Legislation (Version 3).pdf 09-00019za CC Legislation (Version 4).pdf 09-00019za Exhibit A.pdf LOCATION: Approximately 1700 SW 3rd Avenue [Commissioner Joe Sanchez - District 3] APPELLANT(S): Amanda L. Quirke, Esquire, on behalf of Outlook Media of South Florida, LLC FINDING(S): OFFICE OF ZONING: Recommended denial of appeal and uphold zoning administrator's interpretation. ZONING BOARD: Denied the appeal on February 9, 2009 by a vote of 6-0. PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation. DEFERRED A motion was made by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, and was passed unanimously, with Commissioner Gonzalez absent, to defer item PZ.4 to the Commission meeting currently scheduled for May 28, 2009. Chair Sanchez: All right, we're going to take up PZ.2. Once again, the procedures are the same as the regular Commission meeting. We ask everyone to refrain from, you know, whistling, clapping. Be at your best behavior so we can get out of here quickly. We do have five PZ (Planning & Zoning) items. But before we go on with your presentation, Mr. City Manager, it has been brought to my attention that you will be making a motion to defer PZ.4 and 5? Pedro G. Hernandez (City Manager): No, Mr. Chair. I think that I would like for the applicant or individuals involved on the item to come forward. Chair Sanchez: All right. Inez Marrero-Prieguez: That would be me. Chair Sanchez: That would be who? Ms. Marrero-Prieguez: Yes. Chair Sanchez: It would be you? Okay. Ms. Marrero-Prieguez: That would be me. Chair Sanchez: So what are you requesting? Ms. Marrero-Prieguez: Good morning, Mr. Chairman, members of the Board. My name is Ines Marrero -- City ofMiami Page 80 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Chair Sanchez: Good morning. Ms. Marrero-Prieguez: -- with offices at 701 Brickell Avenue, attorney. I am here requesting a 60-day deferral of PZ.4 and PZ.5. I represent CBS Outdoor. These two appeals concern the issuance by -- the nonissuance of a building permit by the City and the appeal by Outdoor [sic] Media of their decision. There is litigation between my client, CBS Outdoor, and the appellant; and we believe that a deferral of this matter for 60 days will be appropriate for the matter between the parties to be adjudicated properly, and then this issue may even go away and not have to be fully vetted out before this Commission. Chair Sanchez: I tend to agree. All right. Yes, sir. Santiago Echemendia: Mr. Chair, Santiago Echemendia, 1441 Brickell Avenue, on behalf of the applicant. I'm here as the applicant's general counsel. I am also an owner of Outlook [sic] Media of South Florida. We have a crayon version of a presentation on the issue, and had a very good discussion with Steve Helfinan on Tuesday regarding a very, very narrow issue that we're going to present to you, which is whether Lourdes erred in not issuing us the building permit. We need to be heard today. We are -- there were some -- and CBS originally -- we had some discussions outside. These items shouldn't take very long. We're not going to go through a cross-examination or anything of the sort. They're very quick items. They were of the impression that we were seeking one of their amended permits under a settlement agreement. We're not seeking an amended permit. It is simply a building permit. It's a very straightforward item. Procedurally, it's sound. We have the right to be heard. We urge you -- we -- the lititgation has noting to do, at all -- in fact -- well, there are two pieces of litigation. There is a writ of mandamus where we asked the Court to have the City issue the building permits on both of these sites. That is pending. The City has a pending motion to dismiss, which was tentatively calendared for April 30. We now understand that it was only tentatively calendared, but we were asked to exhaust our administrative remedies. This is the exhaustion of our administrative remedies. You would be impairing our ability to go forward on the writ of mandamus if you would not allow us to exhaust our administrative remedies. Secondly for a second, Mr. Chair -- Chair Sanchez: Okay. Mr. Echemendia: -- the litigation between us and CBS has to do with a letter of understanding that is not before you. It has nothing to do nor will it resolve the issue of us getting the building permits, and therefore, we would urge you to hear our item. It's going to be very short and straight to the point. I have a very artful presentation that we believe -- we know that you will understand. It is a -- each of the -- 4 and 5, respectively, have four slides. That is all I ask of you. This is important of [sic] us. We have the right to be heard. Chair Sanchez: If -- okay. Mr. Echemendia: Okay. Vice Chair Spence -Jones: Mr. Chairman. Chair Sanchez: If we listen to PZ.4 and 5, we will probably be making a decision today as to what the outcome may be, whether -- Mr. Echemendia: And we -- Chair Sanchez: -- to grant the appeal or deny the appeal. Mr. Echemendia: -- would appreciate that. City ofMiami Page 81 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Chair Sanchez: Okay. Vice Chair Spence -Jones: Mr. Chairman, I just want to ask, if you don't mind. Can we askMr. City Attorney what is his viewpoint on this matter? Steve Helfman: Thank you. Steve Helfman as special counsel to you this morning on this item. Mr. Echemendia is correct, that he's entitled to go forward and have his application heard; and at the same time, CBS has a very vested interest in the outcome of this proceeding. You have the discretion to grant a continuance. If you decide to do that, it should be very brief. I would say 30, 60 days, depending upon your agendas and how that coordinates. We don't want to be seen in any way, in any -- as interfering with their right to go forward. The reason they are here principally is because the Court has directed them to be here. They have to exhaust an administrative remedy in order to go forward with their mandamus action, which is an action where they're frying to compel your Zoning administrator to issue a permit. But the Court has effectively told them first you need to go through the City Commission. So if you're going to grant the continuance, which I think you have the power to do, it should be brief, maximum 60 days, but otherwise, you certainly have the authority to go forward and hear this item today. Chair Sanchez: All right. What is your -- what is the will of the Commission? Commissioner Sarnoff Can I ask a question -- Chair Sanchez: Sure. Commissioner Sarnoff -- Mr. Chair? Are you going to give us a recommendation? Vice Chair Spence -Jones: That's what was frying to get from him. What is your recommendation? Commissioner Sarnoff Are you, Mr. Acting City Attorney -- Mr. Helfman: Yes. Commissioner Sarnoff -- going to be giving us a recommendation? Mr. Helfman: I would tell you that would like to see you go forward with this item, but that it would not harm, in any way, would not cause any exposure to the City if you granted the continuance. You would not -- Commissioner Sarnoff Can I ask of CBS -- I mean, most judges are very inclined to grant continuances, and I guess we're acting in an extra judicial capacity. What will you accomplish in the next 60 days that we -- everybody here is prone to give time, but what will -- what do you hope to accomplish in the next 60 days? Ms. Marrero-Prieguez: Well, first of all, there's a different and separate litigation between the parties that really is at the crux of this issue, whether or not Mr. Echemendia agrees. We're here on the issuance of a permit, and he's saying they have the authority to file for the permit, and we're saying that they don't. And the litigation between the parties that does not involve the City could very well settle that issue. In which case, if it's ruled in our favor, then we could amend the permit, have CBS be the applicant, and the City could then issue the permit, and this appeal would go away -- the appeal would be withdrawn and this matter would go away, so it could be resolved. Mr. Echemendia: Marc, can I -- City ofMiami Page 82 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Commissioner Sarnoff I -- Mr. Echemendia: Can I respond, Marc, please? Commissioner Sarnoff Can I finish with her? Mr. Echemendia: I'm sorry. Commissioner Sarnoff By the way, you're looking very informal. What happened to your tie? Mr. Echemendia: I'm here as a principal, not as a lawyer. Commissioner Sarnoff Oh, okay. Mr. Echemendia: Sorry. I apologize. Commissioner Sarnoff IfI was a judge, I'd make you put a tie on. Mr. Echemendia: I appreciate that. Next time I'll wear a tie. Commissioner Sarnoff Let me -- in the next 60 days, what procedurally is going to occur in front of a judge, if you will, that will resolve this issue? Mr. Echemendia: Nothing. Ms. Marrero-Prieguez: Can I --? Mr. Echemendia: No. Commissioner Sarnoff Is there something intended? Is there something that's going to occur? Ms. Marrero-Prieguez: Yes. It -- I believe so. IfI can introduce my co -counsel, who's been handling this matter for CBS, Mr. Glenn Smith from Ruden McCloskey. Commissioner Sarnoff And I'm not trying to get into something real deep. Ms. Marrero-Prieguez: No. Commissioner Sarnoff I just want to know if there's a -- Ms. Marrero-Prieguez: Absolutely. Commissioner Sarnoff -- summary judgment pending, there's a motion to -- Ms. Marrero-Prieguez: It's not just a postponement. I understand. Commissioner Sarnoff -- dismiss. Right. Glenn Smith: Glenn Smith, representing CBS Outdoor, 200 East Broward Boulevard, Fort Lauderdale. In the next 60 days, if your question is is there going to be a final disposition of this case? No, sir, there will not. Basically, 60 days allows us -- we've been talking about getting together for a mediation. It also allows my co -counsel to get up to speed 'cause she just got hired two days ago. That's basically it. The 60 days does not harm Outlook in any fashion to allow the extra 60 days. City ofMiami Page 83 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Commissioner Sarnoff Are you intending on going to mediation in those 60 days? Mr. Smith: We have proposed that we do so, and have been discussing that -- we've been -- outside as we were waiting to be heard. Mr. Echemendia may also want to be heard on that. Commissioner Sarnoff Okay. Vice Chair Spence -Jones: Okay. Mr. Echemendia: Can I speak to that, Marc? Vice Chair Spence -Jones: Can I --? Mr. Echemendia: Can I just amplify, ifI may, through the Chair? Commissioner Sarnoff There's the Chair. Mr. Echemendia: Madam Chair. Vice Chair Spence -Jones: And that's Commissioner Sarnoff not Marc. Mr. Echemendia: I'm sorry, Commissioner Sarnoff. Commissioner Sarnoff Thank you. Vice Chair Spence -Jones: What is the will of this Commission on this item? Commissioner Sarnoff I don't know a judge that would not give somebody 60 days, especially with an intended mediation going forward. For no other reason, why would you make a decision that potentially creates an appeal that will potentially create further litigation when there's a potential for the whole thing to resolve itself? I mean, I -- all due respect to everyone involved, any judge would grant a 60-day continuance to see if this could get resolved if their intention's to go to mediation. Mr. Echemendia: Madam Chair. Commissioner Sarnoff So I'm going to make a motion. Mr. Echemendia: I have a compromise, please, before you make the motion, or before you -- Commissioner Sarnoff Through her. Mr. Echemendia: We -- Vice Chair Spence -Jones: I didn't say yes yet. Mr. Echemendia: No. Fair enough. Vice Chair Spence -Jones: Yes. Mr. Echemendia: Your next hearing is April 22. How 'bout 30 days? We could then push a mediation within the 30 days, come back to you. I would like -- there are -- you know, even though -- and incidentally, the litigation -- and Marc, you're right about a continuance, and that's fine, and we're amenable to a continuance, but we're at just asking 30 days, not 60 days. You have a hearing April 22. We would ask that it be deferred till then. We can get together City ofMiami Page 84 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 with them. We are amenable. We were talking about settlement discussions. I will tell you that the settlement discussions, as it relates to the letter of understanding between CBS and Outlook, have nothing to do with the issuance of the building permit. That said, in deference to the Commission's will, which seems to be a deferral as a compromise, we would respectfully request -- and you understand that. You know, 60 days -- this thing isn't going to be tried for 120 days, so 60 days isn't going to resolve anything. If we're going to resolve it, it's going to be in mediation over the next -- we're taking Joe Little's deposition next Thursday, then we're going to go into mediation immediately thereafter; come back to you on the 22nd, hopefully having resolved it or otherwise being heard, so as a compromise, Commissioner Sarnoff, please. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff, we do have a motion on it. Do you want to amend that? Commissioner Sarnoff Depends upon whether he'll wear a tie to the next -- Mr. Echemendia: I will wear a tie. I'll wear a bow tie, if you'd like. Commissioner Sarnoff Is -- go ahead, sir. Mr. Smith: We'll do anything you want, but often with the type of mediators we're trying to attract, which are the top-notch ones, it's hard to get their calendar within 30 days. That's why we propose 60 days, but whatever is your pleasure. Mr. Echemendia: We can always defer again. Commissioner Sarnoff Well, I just don't see a problem with 60 days. I think it's tough to get the best mediators. I think there's some truth to that, so -- Chair Sanchez: All right. Commissioner Sarnoff -- I'm not going to amend it. Chair Sanchez: There's a motion to defer for 60 days. Was there a second, Madam Clerk, 'cause I stepped out for a minute? Priscilla A. Thompson (City Clerk): No, there wasn't. Vice Chair Spence -Jones: Second. Chair Sanchez: Can I have a second? Second by the Vice Chair. Mr. Helfman: Mr. Chairman, can we pick a date certain -- Chair Sanchez: Well, it would be -- Mr. Helfman: -- to your --? Chair Sanchez: -- when it falls on a -- Mr. Echemendia: A May Commission meeting? Ms. Thompson: And actually, your meeting would fall on May 28, which is outside the 60 days because today is March 26. Chair Sanchez: Well, we're certainly not going to have a special meeting for this, I'll tell you City ofMiami Page 85 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 that much. Ms. Thompson: So you'd want to have the -- at the next -- the last -- or the P&Z meeting in May. Is that what you're saying? Chair Sanchez: Sixty days or close to sixty days. All right, so -- Mr. Echemendia: May 28 it is? Ms. Marrero-Prieguez: May 28 will be -- Chair Sanchez: May -- Ms. Marrero-Prieguez: -- acceptable. Chair Sanchez: -- 28 for the record. Ms. Thompson: May 28. Chair Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone if opposition, having the same right, say "nay." Mr. Echemendia: Thank you. Chair Sanchez: Motion carries. Mr. Helfman: There'll be no -- Chair Sanchez: Thank you so much. We'll see you May 28. Mr. Helfman: -- further advertisement. Chair Sanchez: Hopefully, we won't see you. All right. Ms. Marrero-Prieguez: Thank you very much. Chair Sanchez: Hopefully, you guys can resolve that. I don't even know what the City got involved for. But, once again, we'll continue to spend taxpayers' dollars being sued by everybody. All right. Mr. Hernandez: Mr. Chair, just for clarification, that applies to PZ.4 and PZ.5 -- Chair Sanchez: Yes, sir. Mr. Hernandez: -- to both. Chair Sanchez: PZ.4 and PZ.5. Commissioner Sarnoff As amended, Mr. Manager. PZ.5 09-00020za RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) City ofMiami Page 86 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 DENYING OR GRANTING THE APPEAL BY AMANDA L. QUIRKE, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY UPHOLDING OR REVERSING THE ZONING ADMINISTRATOR INTERPRETATION DATED DECEMBER 8, 2008, REGARDING A PROVISION CONTAINED IN SECTION 10.4.5, OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "OUTDOOR ADVERTISING SIGNS; NEW SIGNS OF OUTDOOR ADVERTISING PROHIBITED", FOR THE PROPERTY LOCATED AT APPROXIMATELY 1330 NORTHWEST 2ND COURT, MIAMI, FLORIDA. 09-00020za CC Appeal Letter & Supporting Documents.pdf 09-00020za Aerial Map.pdf 09-00020za ZB 02-09-09 Backup Documents.pdf 09-00020za CC Legislation (Version 3).pdf 09-00020za CC Legislation (Version 4).pdf 09-00020za Exhibit A.pdf LOCATION: Approximately 1330 NW 2nd Court [Commissioner Michelle Spence -Jones - District 5] APPELLANT(S): Amanda L. Quirke, Esquire, on behalf of Outlook Media of South Florida, LLC FINDING(S): OFFICE OF ZONING: Recommended denial of appeal and uphold zoning administrator's interpretation. ZONING BOARD: Denied the appeal on February 9, 2009 by a vote of 6-0. PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation. DEFERRED A motion was made by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, and was passed unanimously, with Commissioner Gonzalez absent, to defer item PZ.5 to the Commission meeting currently scheduled for May 28, 2009. Note for the Record: Please refer to item PZ.4 for minutes referencing item PZ.5. END OF PLANNING AND ZONING ITEMS City ofMiami Page 87 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER ANGEL GONZALEZ END OF DISTRICT 1 City ofMiami Page 88 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 09-00311 DISCUSSION ITEM SAN MARCO MANSION -A CODE VIOLATOR DISCUSSION ABOUT THIS COMMERCIAL ENTERPRISE WHICH IS BEING ADVERTISED, PROMOTED AND OPERATED IN A SINGLE FAMILY NEIGHBORHOOD. THIS COMMERCIAL ENTERPRISE HAS RECEIVED NUMEROUS COMPLAINTS OVER THE PAST 2 TO 3 YEARS. THIS COMMERCIAL ENTERPRISE APPARENTLY VIOLATES MANY CITY CODE ENFORCEMENT PROVISIONS AND SEVERAL CITY ZONING PROVISIONS. WHY IS IT STILL OPERATING IN THIS SINGLE FAMILY NEIGHBORHOOD? CODE ENFORCEMENT? ZONING? POLICE? 09-00311 Email.pdf DISCUSSED Chair Sanchez: All right. D2.1. Commissioner Sarnoff D2.1 is regarding an issue called -- at 1215 San Marco Island, and I have a small PowerPoint presentation that I can show the Commission. This is a R-1 resident -- R-1 neighborhood that is right on the Venetian Causeway on San Marco Island, and this is in relation to a property that is actually advertising itself as a establishment that is open for production facilities. Now I can't imagine what it would be like to live next door to a person who is actually using their home for a production facility and doing it on a reasonably continuous basis. This is the respective establishment. This is 12 -- I believe this is 1215 San Marco Island, and as you can see, there is a Web page for their respective home to be used as a production facility, and I think, if you just read along, you'll see that this -- they suggest that this is an excellent place for production facilities. They've been violated by the City, so the City has proactively -- or reasonably proactively placed them on notice of violation, but I just want to demonstrate to the Commission what -- if you go to the slide where it shows the production facility usage, where you show the delivery trucks. Yeah. This is what you have coming into your facility -- coming into your home, and these are delivering all sorts of various production goods, such as cameras and things like that. And this brings, of course, people into your neighborhood and the home next door, or the -- I guess it is a home next door has a large, vacant, and it's just -- the question becomes, is it fair, is it appropriate for your next -door neighbor to be using his home as a production facility? And I just want to bring it to this Commission's awareness that maybe we'll have more of this, or maybe this is a problem that we need to address because this happens to be a nighttime view of a production -- when they were using it as a production, and you'll see a number of cars parked in a vacant lot. The question just becomes, is it fair? Is it a fair use of your next -door neighbor's property? And this is, of course, the result of when you're done with the production. Is it a fair use of your neighbor's property to put this kind of pressure on a neighborhood, especially a very nice neighborhood, but even if it wasn't, a neighborhood? Is it fair that an R-1 neighborhood, you know, a residential neighborhood, have to incur the predominant use of a home for production facilities or party facilities? And it's a balancing act. It's a balancing act of allowing you to use your home as you see fit. It's allowing you, of course, to have your own parties, but it seems to me City ofMiami Page 89 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 that the benefits are completely outweighed by the burdens when you're doing so for profit and you're doing it on a regular and continuous basis, and you're doing it without very much care or concern about your neighbors. Look what it does to the swale. Look what it does to the garbage facility, your lack of caring. I just think this is something that know that the City Manager and I are working on with regard to what is the frequency of use that an R-1 neighborhood should have to experience production facilities. What is the frequency of use that an R-1 neighborhood should have to incur with regard to parties that are not your parties, but where you're renting out your home without regard to -- well, you're renting out your home for profit. And I think it's something we may be seeing more and more in the City ofMiami, and I just appreciate everybody allowing me to bring this to your attention. Thank you. Chair Sanchez: All right. Commissioner Gonzalez: All right. Chair Sanchez: So it's just to bring it up to our attention as to -- no, not ours, the City Administration as to the -- Commissioner Sarnoff Well, we're drafting two ordinances. Chair Sanchez: Okay. Commissioner Sarnoff And those two ordinances -- and it's just a debate as to how frequent you should be allowed to use your home for these two uses, either production or for parties, not your parties, but where you rent it out for other people's parties. Chair Sanchez: Okay. Could I just add --? I think that's a good idea, to come up with some ordinances to be able to afford us or the property owner to be able to have that but set rules to make sure that you don't have exactly what you displayed on the screen pertaining to the quality of life of anybody who lives in the area, safeguards to make sure, but we maybe need to look at other cities throughout the United States who possibly do this. I'm sure Los Angeles does it. Commissioner Sarnoff Miami Beach. Chair Sanchez: Miami Beach does it. I'm sure we don't have to go that far, but if we could look at their ordinances to make sure that we put rules and regulations and safeguards to be able to attract this because, let me tell you, once again, the filming industry is a great industry we're not tapping into 100 percent. It is an industry that really provides a lot of jobs and really, it showcases Miami, what Miami can truly be throughout the world when we see these shows throughout the world, and they might be up there in 10 degrees below zero and we're out here in the beach and in the pool having a margarita or whatever you may have. But these are the things that we need to capitalize on, so I'm all in favor of you working with the Administration to come up with an ordinance that's going to allow this to continue in our city with regulations to protect the neighbors. And overall, I think it'd be great if your -- the house next door was on a popular TV (Television) show. You could say that's -- the house next door to me was -- as long as they didn't do the things that they did in this -- where they left all the garbage and they destroyed some of the plants and they drove over curbs and stuff so I think that's a step in the right direction. So we look forward -- I know we had a request from an attorney to speak on this. We're not -- I don't allow on discussions. I'm sure when the ordinance comes up, you'll -- Commissioner Gonzalez: Right. Chair Sanchez: -- you will have an opportunity to address that issue. Catherine Rodriguez: (INAUDIBLE). City ofMiami Page 90 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Pamela E. Burns (Assistant City Clerk): I'm sorry -- Commissioner Gonzalez: No. Chair Sanchez: Ma'am, it's a discussion item. We don't allow, you know, participants from the attorneys or -- these items are basically where the Commissioners bring them up as a discussion item. They direct the Administration to either come up with an ordinance of some type, and then when it comes back to us, you will be afforded all the opportunities you need to address this Commission and address our Legal Department. Ms. Rodriguez: That's fine, but there were some false things said and demonstrated in those videos that is very -- Chair Sanchez: Well -- Ms. Rodriguez: -- that particularly pertain to my client that we're concerned about. As long as everything's accurate, we have no problems here, but there were some things up there that don't pertain to my client. Chair Sanchez: Okay, ma'am -- Commissioner Gonzalez: Mr. Chairman, I believe this is out of order. Chair Sanchez: Yes. You're out of-- ma'am, you're out of order. We don't allow statements to be put on the record. If the Commissioner brings the ordinance, which he says he's going to bring 'em, to the Commission, you will be -- an opportunity to address those issues, so thank you very much. Okay. All right. Pedro G. Hernandez (City Manager): Mr. Chairman. Chair Sanchez: Mr. City Manager. Mr. Hernandez: Just for the record, on this issue, I know that the property in question has received a violation for commercial activity in a residential area that, I believe, is scheduled to come before the Code Enforcement Board on April 6. The Commissioner and I have visited the sites, and we'll be taking other steps to remedy the parking situation and better control, especially what you saw in one of the slides or pictures, which is the parking around a Water & Sewer pump station. Chair Sanchez: All right. Once again, I want to assure that you will have an ample opportunity, once the ordinance is brought forth, to address this Commission, and counsel, you will have an opportunity to address the presentation that will probably be made by the Commissioner on that specific date that'll be properly advertised to get the public to participate and you and all those who want to attend the meeting. D2.2 09-00312 DISCUSSION ITEM DISCUSSION REGARDING NOTICE. COMMISSIONER MARC D. SARNOFF IS PARTICULARLY INTERESTED IN A DISCUSSION OF NOTICE FOR CLASS I PERMITS AND NOTICE FOR CLASS II PERMITS. WHAT DETAIL IS REQUIRED? ACCEPTED? City ofMiami Page 91 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 IS THERE ACCOUNTABILITY? IS THERE AN ABILITY FOR RESIDENTS AND STAKEHOLDERS TO APPEAL? 09-00312 Email .pdf DEFERRED Item D2.2 was deferred to the Commission meeting currently scheduled for May 28, 2009. Chair Sanchez: And now let's go to the Commission items. The Mayor has none. District 1 has none. District 2, Commissioner Marc Sarnoff, has, I believe, two. Commissioner Gonzalez: What about -- Commissioner Sarnoff Yeah. One of them -- Commissioner Gonzalez: -- PZ.5? Commissioner Sarnoff What's that? Chair Sanchez: No. PZ.5 was continued. Commissioner Gonzalez: Oh, it was continued? Chair Sanchez: That was a companion of PZ.4 and 5, so that was continued. Okay, Commissioner Marc Sarnoff, you're recognized. You have two items on your blue pages. Commissioner Sarnoff Well, one of them, Mr. Manager, I really don't want to bring it up, but it seems like whatever procedures you put in place, you're not getting compliance with your own staff. Pedro G. Hernandez (City Manager): You're talking about the Class I and Class II -- Commissioner Sarnoff D2.2. And it's not my intent to go into a long discussion -- Mr. Hernandez: No. Commissioner Sarnoff -- 'cause you asked me for 60 days. There's going to be a new procedure in place, but you can see even your new procedures are starting to fail. Mr. Hernandez: Well, it's just that we haven't been able to really implement it. It was discussed at your office. However, the key person that we have that had to train, you know, their people to get it done was out of town. Lourdes will be meeting with them, I think, tomorrow to be sure that they understand the new process. So, in essence, I think the new process is good, it's just that we haven't properly trained our people to implement. Commissioner Sarnoff All right. We're going to bring this back in 60 days 'cause you're going to have an announcement for some new additional procedures with regard to Class II notifications and things like that -- Mr. Hernandez: Right. Commissioner Sarnoff -- so I don't want to discuss it now. I just want to -- Chair Sanchez: All right. City ofMiami Page 92 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 NA.1 09-00342 District 3- Chair Joe Sanchez Commissioner Sarnoff -- bring it to your attention that even though you've started to implement some new procedures, we still don't have compliance by your own people. Mr. Hernandez: Right. I had a lengthy conversation yesterday on the subject matter with Ana Gelabert, who explained to me the details and the reasons why we haven't been able to fully implement it, but it should be, I would say, in place very soon. Commissioner Sarnoff Okay. Thank you, Mr. Manager. END OF DISTRICT 2 DISTRICT 3 CHAIR JOE SANCHEZ END OF DISTRICT 3 DISTRICT 4 COMMISSIONER TOMAS REGALADO END OF DISTRICT 4 DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES END OF DISTRICT 5 Non Agenda Items RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR CHARLIE CRIST AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT PROPOSED SENATE BILL 2012 AND HOUSE BILL 397 ENTITLED "THE PROHIBITED DISCRIMINATION BILL", AMENDING THE FLORIDA CIVIL RIGHTS ACT; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. 09-00342-Leg islation. pdf Motion by Chair Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0163 Chair Sanchez: All right. We move on. That concludes all the items. Does anybody have any pocket items? Pocket items? No pocket items. I have a pocket item. My pocket item is a resolution of the City Commission urging Governor Chiles -- Chiles, he's long gone, butt was thinking about him based on the oversight. We keep talking about the oversight bond -- the oversight board that was put in the City and his name comes up. -- Governor Crist and the City ofMiami Page 93 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 members of the Florida Legislator [sic] to support the proposed Senate Bill 2012 and House Bill 397, entitled the "Prohibited Discrimination Bill," amending the Florida Civil Rights Act; directing the City Clerk to transmit a copy of this resolution to hereby designee [sic] officials in Tallahassee. As you are aware, during the 209 [sic] legislation [sic] session, the Florida House of Representatives and the Florida senators will be asked to vote on amending the Civil Rights Act of Florida with a bill entitled the "Prohibited Discrimination Bill, " which would update both the Florida Civil Rights Act and the Florida Fair Housing Act to include sexual orientation, gender identity, or expression pregnancy in the familiar status. Since 203 [sic], every state that has passed this comprehensive civil right legislation has included both sexual orientation and gender identity or expression in it. We're not the only one. Several Florida cities, such as Broward, Leon County, Miami Beach, Monroe, Orange, Palm Beach, and Pinellas County and cities throughout the West Coast also have taken steps to address these issues by amending their fair employment and housing laws to cover sexual orientation and gender identity expression. This is basically us asking the Legislation [sic] to support this bill that does not discriminate both on those aspects. So I would make a motion to approve this -- Commissioner Sarnoff Second. Chair Sanchez: -- ordinance. Commissioner Gonzalez: Second. Chair Sanchez: All right. You have the gavel, so you're the Chair. I moved -- Commissioner Gonzalez: Oh, I'm sorry. Chair Sanchez: -- and Commissioner Sarnoff seconds. Commissioner Gonzalez: We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Motion carries. Chair Sanchez: All right. That concludes our Commission meeting. Madam Clerk, are there any items that we need to take? Commissioner Gonzalez: We need a motion to adjourn. Chair Sanchez: If not, we need a motion -- Commissioner Sarnoff So move. Chair Sanchez: -- to adjourn. Commissioner Gonzalez: We have a motion -- Chair Sanchez: So -- second. Commissioner Gonzalez: -- and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Ladies and gentlemen, thank you very much. Commissioner Sarnoff, you're going to be making the MPO (Metropolitan Planning Organization). Good luck. City ofMiami Page 94 Printed on 4/13/2009 City Commission Meeting Minutes March 26, 2009 Commissioner Sarnoff Thank you. Chair Sanchez: And thank you all for being here. We'll see you at the next Commission meeting. Madam Clerk, thank you very much. A motion was made by Commissioner Sarnoff, seconded by Chair Sanchez, and was passed unanimously, with Vice Chair Spence -Jones absent, to adjourn today's meeting. City ofMiami Page 95 Printed on 4/13/2009